Micah Kitchens CC v Botha and Others (2018/3463) [2018] ZAGPJHC 56 (19 February 2018)

Micah Kitchens CC v Botha and Others (2018/3463) [2018] ZAGPJHC 56 (19 February 2018)

The court held that the restraint of trade covenants did not prohibit mere employment by a competitor, but only competitive conduct by the employee. Micah Kitchens CC failed to establish that any of the employee respondents were competing with it in the field of corporate work through their employment with Alto Kitchens (Pty) Ltd. The applicant also failed to demonstrate a proprietary interest worthy of protection, as the alleged confidential information and customer relationships were either not proven or not protectable. The claims against the fourth and fifth respondents failed as they were installers with no proprietary information, and the second respondent was employed outside the...

Citation
[2018] ZAGPJHC 56
Parties
Applicant: Micah Kitchens CC; Respondent: Botha Romarno; Respondent: Niehaus Heinrich Johannes; Respondent: Du Plessis Rudolph Johannes; Respondent: Chavalala Sevha Christopher; Respondent: Malitshe Nkosinathi; Respondent: Alto Kitchens (Pty) Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
19 February 2018
Case Number
2018/3463
Procedural Posture
Urgent Application / Final Relief on Urgent Application
Outcome
Application dismissed with costs.
Judges
RM Keightley
Legal Topics
Restraint of Trade, Unlawful Competition, Proprietary Interest, Confidential Information, Employment Contracts
Commercial and Corporate Delict Restraint of Trade Unlawful Competition Proprietary Interest Confidential Information Employment Contracts

Case Brief

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Parties

Micah Kitchens CC

Applicant

Botha Romarno

Respondent

Niehaus Heinrich Johannes

Respondent

Du Plessis Rudolph Johannes

Respondent

Chavalala Sevha Christopher

Respondent

Malitshe Nkosinathi

Respondent

Alto Kitchens (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Final Relief on Urgent Application

Legal Issues

  1. 1 Whether the restraint of trade covenants signed by the employee respondents are enforceable against them in the circumstances.
  2. 2 Whether mere employment by a competitor constitutes a breach of the restraint of trade provisions.
  3. 3 Whether Micah Kitchens CC has a proprietary interest worthy of protection in respect of the employee respondents.

Ratio Decidendi

The court held that the restraint of trade covenants did not prohibit mere employment by a competitor, but only competitive conduct by the employee. Micah Kitchens CC failed to establish that any of the employee respondents were competing with it in the field of corporate work through their employment with Alto Kitchens (Pty) Ltd. The applicant also failed to demonstrate a proprietary interest worthy of protection, as the alleged confidential information and customer relationships were either not proven or not protectable. The claims against the fourth and fifth respondents failed as they were installers with no proprietary information, and the second respondent was employed outside the...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.