CNE Cleaning & Clothing Bk h/a Bearing INternational v Lotriet en 'n Ander (2107/2014) [2015] ZANCHC 29 (6 March 2015)

CNE Cleaning & Clothing Bk h/a Bearing INternational v Lotriet en 'n Ander (2107/2014) [2015] ZANCHC 29 (6 March 2015)

The applicant failed to discharge the onus of proving that the two-year restraint of trade clause applied to the first respondent. The contract stipulated that only managers were subject to a two-year restraint, while normal employees were subject to a one-year restraint. The applicant did not provide any written or...

Source-derived case information.

Citation
[2015] ZANCHC 29
Parties
Applicant: CNE Cleaning & Clothing BK h/a Bearing International; Respondent: Vanita Lotriet; Respondent: Nimba Tech (Edms) Bpk
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Case Number
2107/2014
Procedural Posture
Urgent Application / Final Determination of Rule Nisi
Outcome
Application dismissed; interim order discharged with costs.
Judges
Lacock, R
Legal Topics
Restraint of Trade, Employment Contract, Interdict, Burden of Proof
Commercial and Corporate Civil Procedure Restraint of Trade Employment Contract Interdict Burden of Proof

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

CNE Cleaning & Clothing BK h/a Bearing International

Applicant

Vanita Lotriet

Respondent

Nimba Tech (Edms) Bpk

Respondent

Procedural Posture

Urgent Application / Final Determination of Rule Nisi

  1. 1 Whether the applicant proved the existence of a two-year restraint of trade agreement with the first respondent.
  2. 2 Whether the applicant established an enforceable protectable interest justifying the restraint.

Ratio Decidendi

The applicant failed to discharge the onus of proving that the two-year restraint of trade clause applied to the first respondent. The contract stipulated that only managers were subject to a two-year restraint, while normal employees were subject to a one-year restraint. The applicant did not provide any written or oral agreement appointing the first respondent as a manager, nor did it specify the period or terms of such an appointment. The vague allegations that the respondent acted as manager were insufficient to establish the applicability of the two-year restraint. Consequently, the applicant was not entitled to the relief sought, and the interim order was discharged with costs.

Court Disposition

Application dismissed; interim order discharged with costs.

Orders

  • The rule nisi is discharged.
  • The applicant is ordered to pay the costs of the application.