CBZ BANK LIMITED v MAMBARA 2018 (2) ZLR 396 (H)

2018 (2) ZLR p396

Flynote

Delict – negligence -- legal practitioner – liability for negligence – to whom practitioner may be liable – liable for breach of professional duty of care to clients and to third parties directly or indirectly affected by discharge of professional duty – degree of care – reasonable man test, provided all elements of Aquilian liability are satisfied – disbursement of moneys held in trust account without instruction of depositor – agreement of sale and transfer in contradiction to the Regional Town and Country Planning Act void for illegality – duty of legal practitioner drawing such agreements to ensure compliance with the law

Legal practitioner – conduct and ethics – duty of care – to third party – disbursement of funds placed in trust account by third party – no instruction from depositor – liability to depositor for loss caused thereby