Techsoft International (PTY) Ltd v TIBCO Software (South Africa) Ltd and Others (047934/2022) [2022] ZAGPPHC 1022 (23 December 2022)

Parties

Procedural Posture

Urgent Application / Interim Interdict (part A) Pending Oral Evidence and Final Determination (part B)

Legal Issues

1. 1 Whether the applicant has established a prima facie right to interim interdictory relief pending final determination.
2. 2 Whether the cancellation of the Strategic Partnership Agreement by the first respondent was lawful.
3. 3 Whether a pactum de non petendo existed between the parties, precluding cancellation subject to payment plan compliance.

Ratio Decidendi

The court found that it could not determine, on the papers alone, whether a pactum de non petendo existed or whether the payment plan was accepted, as these issues required oral evidence. Consequently, the applicant's prima facie right to interim relief could not be established without further factual clarification. The matter was referred for oral evidence on the communications between the parties regarding the payment plan, its acceptance, and the alleged pactum de non petendo. Costs were reserved.

Court Disposition

The application is referred for oral evidence on the communications regarding the payment plan, its acceptance, and the existence of a pactum de non petendo. Costs are reserved.

Orders

• The application is enrolled as an urgent application in terms of Rule 6(12).
• In respect of Part A, the matter is referred for oral evidence on the aspect of the communications between the parties in respect of the payment plan, the acceptance thereof, and the pactum de non petendo.