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Harare High Court
Kim Birketoft v Thomas Vallance
HH 584-17
Case Details
Court
Harare High Court
Date
6 September 2017
Citation
HH 584-17
Neutral Citation
[2017] ZWHH 584
Outcome
unknown
Case Type
Trial
Bench
Presiding
CHITAKUNYE J
Full Bench
CHITAKUNYE J
Areas of Law
DelictProfessional negligenceContract law
Keywords
labour disputeprofessional negligencebreach of undertakingdamagesarbitration
Tags
professional negligencebreach of mandatelabour dispute representation
legislation
Statutes Cited
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether defendant breached his mandate by failing to exercise requisite skill and diligence","issue_type":"mixed","dispositive":"yes","related_facts":"Defendant's failure to attend proceedings, his undertaking to handle matter"}
- {"issue_text":"Whether plaintiff suffered damages in the amount claimed","issue_type":"fact","dispositive":"yes","related_facts":"Legal costs incurred, settlement amount paid"}
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background
Facts of the Case
Background
The plaintiff engaged the defendant, a labour dispute specialist, to represent him in a labour dispute with his domestic workers. The defendant undertook to handle all proceedings and guaranteed the plaintiff would not pay any money to the employees. The defendant failed to attend arbitration proceedings, resulting in a default award against the plaintiff, who then incurred additional legal costs to set aside the award and settle the dispute.
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