Aliets Elizabeth Wiese t/a Support.com v Pastec Distribution & Training CC (285 of 2011) [2011] NAHC 349 (23 November 2011)

Aliets Elizabeth Wiese t/a Support.com v Pastec Distribution & Training CC (285 of 2011) [2011] NAHC 349 (23 November 2011)

The applicant established a prima facie right to conduct her business free from unlawful restraints, demonstrated irreparable harm, and showed that the balance of convenience favoured interim relief. The respondent's enforcement of clause 18 was prima facie unlawful, and the applicant had no satisfactory alternative remedy.

Citation
[2011] NAHC 349
Parties
Applicant: Alieta Elizabeth Wiese t/a Support. Com; Respondent: Pastec Distribution & Training CC
Court
High Court
Jurisdiction
Namibia
Judgment Date
23 November 2011
Case Number
285 of 2011
Procedural Posture
Application for Interim Relief / Ruling on Urgent Application for Interim Relief
Outcome
Interim relief granted; rule nisi issued; costs awarded to applicant.
Legal Topics
Restraint of Trade, Employment Contract, Interim Interdict, Urgency, Amendment of Contract
Source Language
English
Labour Law Contract Law Restraint of Trade Employment Contract Interim Interdict Urgency Amendment of Contract

Case Brief

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Parties

Alieta Elizabeth Wiese t/a Support. Com

Applicant

Pastec Distribution & Training CC

Respondent

Procedural Posture

Application for Interim Relief / Ruling on Urgent Application for Interim Relief

Legal Issues

  1. 1 Whether the respondent can enforce post-employment restraints of trade against the applicant
  2. 2 Whether the applicant is entitled to interim relief restraining the respondent from enforcing clause 18 of the employment contract
  3. 3 Whether the respondent's revocation of I-Forum membership was lawful

Ratio Decidendi

The applicant established a prima facie right to conduct her business free from unlawful restraints, demonstrated irreparable harm, and showed that the balance of convenience favoured interim relief. The respondent's enforcement of clause 18 was prima facie unlawful, and the applicant had no satisfactory alternative remedy.

Court Disposition

Interim relief granted; rule nisi issued; costs awarded to applicant.

Orders

  • Applicant's non-compliance with rules condoned; matter heard as urgent.
  • Rule nisi issued calling upon respondent to show cause why final relief should not be granted.