WYNBOD ENTERPRISES (PVT) LTD and C.E. CHIMOMBE and I.C. CHIKANZA and M CHIKANZA versus FIRST MUTUAL LIFE ASSURANCE COMPANY (PRIVATE) LIMITED

HH 248-11

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Case Details

Court

Harare High Court

Date

2 November 2011

Citation

HH 248-11

Neutral Citation

[2011] ZWHH 248

Outcome

unknown

Case Type

Urgent Chamber Application

Bench

Presiding

BHUNU J

Full Bench

BHUNU J

Areas of Law

Civil ProcedureLegal PracticeContract

Keywords

Default JudgmentRescissionNegligenceAgent

Key Issues

{"issue_text":"Whether the applicants have shown sufficient cause for rescission of the default judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Default judgment entered; applicants blame lawyer for failure to plead; lawyer was reminded by opposing counsel"}
{"issue_text":"Whether a litigant can escape the inept conduct of their legal practitioners","issue_type":"law","dispositive":"yes","related_facts":"Applicants blame lawyer; lawyer was agent of client; lawyer ignored warnings"}
{"issue_text":"Whether the applicants were in willful default","issue_type":"fact","dispositive":"yes","related_facts":"Lawyer failed to enter plea despite reminders"}

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background

Facts of the Case

Background

The applicants applied for rescission of a default judgment entered against them. They claimed they were not in willful default and blamed their lawyer for failing to enter a plea despite being reminded by the respondent's legal practitioners. The court found that the applicants should bear the consequences of their lawyer's incompetence.

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