COMMERCIAL lawyer, Addington Chinake has appealed against a High Court order barring him from acting in litigation involving the liquidation of Capital Bank limited and a claim for damages for over $500 million brought by Rennaissance Merchant Bank founder.
The damages claim was brought by RMB founder Patterson Timba and others against the Reserve Bank of Zimbabwe, Econet Wireless, Reggie Saruchera, Bart Mswaka, Professor Christopher Chetsanga, Monica Mukonoweshuro amongst others, arguing that he was not afforded a chance to be heard in the High Court by Justice Joseph Martin Mafusire.
High Court Judge Joseph Martin Mafusire issued an order restraining Chinake and Kantor and Immerman law firm from acting for NSSA in the litigation last month.
In papers before the Supreme Court, Chinake argued that the Judge erred in granting an order against him and Kantor and Immerman law firm without affording them the opportunity to make representations and the right to be heard.
“The learned Judge erred in failing to treat the matter as a court application and in dealing with it in Chambers in the absence of the parties,” Chinake said.
“The learned Judge erred in holding, as he must have done, that the First Appellant (Chinake) either in his own right or on behalf of the Second Appellant (Kantor and Immerman law firm), was privy to confidential information which belong to the Respondent, and which had been made known to the First Appellant in his capacity as the legal practitioner of the Respondent and that there was a significant risk of disclosure or misuse of any such confidential information,” he said.
Chinake felt that the Judge also erred in finding that he was in breach of any duty to Renaissance Financial Holdings in his capacity as the former legal representative of the group.
Chinake has since advised The Law Society of Zimbabwe of his concern with the way the matter was handled.
In a letter to The Law Society secretary, seen by our Harare Bureau, Chinake said he is taking the issues up with the High Court.
“The matter was not dealt with in open court nor were any of the Respondents called upon to make submissions. We are taking the issues up with the High Court given the gravity of the Order made,” he said.
Chinake has brokered a number of corporate deals among them the $265 million deal between Atlas Mara Co-Nvest Limited and the African Banking Corporation last year.