Makari v Dende (HC 6901 of 2014; HH 236 of 2017) [2017] ZWHHC 236 (10 April 2017)

Makari v Dende (HC 6901 of 2014; HH 236 of 2017) [2017] ZWHHC 236 (10 April 2017)

The defendant was not in default as his legal practitioners failed to notify him of the pre-trial conference. The legal practitioners’ conduct warranted censure and an award of wasted costs against them.

Source-derived case information.

Citation
[2017] ZWHHC 236
Parties
Plaintiff: Charles Makari; Defendant: Godfrey Dende
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
10 April 2017
Case Number
HC 6901 of 2014 ; HH 236 of 2017
Procedural Posture
Civil / Pre Trial Conference; Application for Postponement and Wasted Costs
Outcome
Pre-trial conference postponed; wasted costs awarded against defendant's legal practitioners.
Legal Topics
Renunciation of Agency, Legal Practitioner Conduct, Costs, Pre Trial Procedure
Source Language
english
Civil Procedure Legal Profession Renunciation of Agency Legal Practitioner Conduct Costs Pre Trial Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Charles Makari

Plaintiff

Godfrey Dende

Defendant

Procedural Posture

Civil / Pre Trial Conference; Application for Postponement and Wasted Costs

Legal Issues

  1. 1 Whether the defendant's legal practitioners properly renounced agency
  2. 2 Whether the defendant should be penalized for his legal practitioner's conduct
  3. 3 Whether wasted costs should be awarded against the legal practitioners

Ratio Decidendi

The defendant was not in default as his legal practitioners failed to notify him of the pre-trial conference. The legal practitioners’ conduct warranted censure and an award of wasted costs against them.

Court Disposition

Pre-trial conference postponed; wasted costs awarded against defendant's legal practitioners.

Orders

  • The pre-trial conference is postponed to 18 May, 2017 at 10 am.
  • Messrs Nyawo Ruzive Attorneys to pay the day's wasted costs on a higher scale.