COMMERCIAL & CORPORATE LAW

Can you sue for professional negligence in Zimbabwe?

Can you sue for professional negligence in Zimbabwe?

Yes. One can sue for professional negligence in Zimbabwe. For instance, estate agents have been sued for professional negligence in Zimbabwe. see Nyandoro v Deep Horizon Real Estate (Pvt) Ltd & Another 2018 (2) ZLR 197 (H).

There are also instances in respect of which lawyers have been sued for professional negligence in Zimbabwe. For instance, Addenbrooke v Webb, Low & Barry 2018 (1) ZLR 467 (H) and CBZ Bank Ltd v Mambara 2018 (2) ZLR 396 (H). In Honey and Blanckenberg v Law 1965 RLR 685 (GD); 1966 (2) SA 43 (R) 46 it was held that:

“In the performance of his duty or mandate, an attorney holds himself out to his clients as possessing adequate skill, knowledge and learning for the purpose of conducting all business that he undertakes. If there, he causes loss or damage to his client owing to want of such knowledge as he ought to possess, or the want of such care he ought to exercise, he is guilty of negligence giving rise to an action for damages by his client.”

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