Chinake withdraws from NSSA litigation

NSSA-BUILDINGConrad Mwanawashe Business Reporter
PROMINENT commercial lawyer, Mr Addington Chinake has withdrawn from acting in the litigation involving the National Social Security Authority despite receiving green light from the High Court to act in the matter.

The decision to withdraw follows the order allowing Mr Chinake to act for NSSA, Mr Bart Mswaka, Professor Christopher Chetsanga and Mrs Monica Mukonoweshuro in the matter.

Mr Gerald Mlotshwa of Titans Law Chambers will represent the four with immediate effect.

Sources said Mr Chinake took the decision to avoid more side shows which may delay the matter.

High Court Judge Justice Mafusire last month set aside his earlier order which sought to bar Mr Chinake from acting in a claim for damages for over $500million brought by Rennaissance Merchant Bank founder.

The judge reversed the initial ban on Mr Chinake under Order 49 Rule 449 of the High Court.

Rule 449 deals with correction, variation and rescission of judgments and orders. It states that the court or a judge may, in addition to any other power it or he may have, mero mou or upon the application of any party affected, rescind or vary any judgment or order- that was erroneously sought or erroneously granted in the absence of any party affected thereby or in which there is an ambiguity or a patent error or omission but only to the extent of such ambiguity error or omission.

It also says an order or judgment may be rescinded if it had been granted as the result of a mistake common to the parties.

The court or a judge shall not make any order correcting, rescinding or varying a judgment or order unless satisfied that all parties whose interest may be affected have had notice of the proposed order.

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