Sikhumbuzo Moyo, Senior Reporter
A BULAWAYO law firm has issued summons against Zimnat General Insurance and the Insurance and Pension Commission (Ipec) demanding payment of a US$18 843, 55 debt, which accrued between November last year and February this year.
According to the plaintiff, T. Hara and Partners’ particulars of claim, sometime in 2021 and in 2022, they entered into an agreement with Zimnat General Insurance, the first defendant, in terms of which the law firm would provide legal services towards the recovery of Zimnat debt from third parties and other specified legal work.
In terms of the agreement, Zimnat was obligated to pay legal fees for the work.
Further, in terms of the agreement, it was stipulated that should there be litigation the parties can deviate from Clause Six of the agreement and negotiate the issue of legal fees. Ipec is named as the second defendant by virtue of being the pensions regulator.
“From November 2021, the plaintiff has forwarded various statements for legal work carried out on behalf of first defendant which first defendant has failed or ignored to pay.
It is the duty of the first defendant to settle or pay fees for the legal work carried out.
However in breach of the agreement by the parties, the first defended has refused or neglected to pay or settle the fees with the final bill amounting to the sum of US$18 843.55, therefore first defendant is in arrears of legal fees amounting to US$18 843.55.
Despite several demands by the plaintiff, defendant has failed or neglected to pay the said amount despite being placed in mora,” read the summons.
The first and second respondents must, within seven days after the service of the summons, enter or cause to enter before the Clerk of Court and also the plaintiff or its attorneys to answer to claims by the plaintiff.
“Plaintiff’s claim is for the payment of an outstanding amount of US$18 843.55 being the outstanding and overdue debt for the period between November 15, 2021 to February 25, 2022 and interest at the prescribed rate from the date of issue of summons to date of full and final payment.
In default of your doing so, you will be held have admitted the said claim and the plaintiff may proceed therein and judgment may be given against you in your absence but that on payment of the said cost within said time, judgment will not be given against you herein and that if before the expiration of the said time you so pay or lodge with me or plaintiff or his attorney a consent to judgement, you will save judgment charges.
If you allege and exception, defence, or counter-claim, you must within seven days after appearance, deliver to me or to the plaintiff or his attorney a statement in writing of the nature and grounds thereof,” read the summons.
The defendants have filed a notice to defend.
Article Source: The Chronicle