MAKETO & ANOR v WOOD & ORS 1994 (1) ZLR 102 (H)

1994 (1) ZLR p102

Flynote

Delict — negligence — liability — duty of care — duty owed by professional person to person other than his client — legal practitioner for judgment creditor failing to ensure that Deputy Sheriff informed that judgment debt had been paid and debtor's goods being sold at sale in execution — whether liable to judgment debtor

Damages — delict — plaintiff's goods at Sheriff's sale in execution sold because of defendant's negligence — assessment of value of goods — price realised at auction prima facie the value of the goods, in absence of contrary evidence

Legal practitioner — duties — whether duty of care owed to party other than practitioner's own client — requirement to use proper care in carrying out client's instructions and to ensure that third parties not harmed by his actions