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South Africa Case Law

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Commercial And Corporate [2024] ZAWCHC 168

Omni Software Solutions (Pty) Ltd and Another v Koekemoer and Others (19656/2023)

Omni Software Solutions (Pty) Ltd and Another v Koekemoer and Others (19656/2023) [2024] ZAWCHC 168; [2024] 3 All SA 604 (WCC) (19 June 2024)

Court
Western Cape High Court, Cape Town
Case number
19656/2023
Judge
Mahomed

The court granted an interim interdict against Ms Koekemoer and Epicode for alleged unlawful competition, misuse of confidential information, and client solicitation.

  • Unlawful Competition
  • Breach Of Confidence
  • Fiduciary Duties
  • Interim Interdict
  • Passing Off
  • Confidential Information
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Commercial And Corporate [2020] ZAFSHC 82

CMT Transport (Pty) Ltd and Another v Findaload (Pty) Ltd and Others (584/2019)

CMT Transport (Pty) Ltd and Another v Findaload (Pty) Ltd and Others (584/2019) [2020] ZAFSHC 82 (22 April 2020)

Court
Free State High Court, Bloemfontein
Case number
584/2019
Judge
C J Musi

The court found that the applicants failed to demonstrate reasonable prospects of success for leave to appeal. The evidence showed that the second applicant, while still a director and CEO of the first respondent, colluded to divert business and used information obtained in his capacity to benefit the first applicant, in breach of his fiduciary duty. The court held that the fiduciary duty survives resignation and applies to the conduct alleged. The orders granted were not overbroad, as they only restricted the applicants from doing business with existing clients of the first respondent at the…

Source excerpt

  • Fiduciary Duty Of Directors
  • Breach Of Confidence
  • Corporate Opportunity
  • Interdict
  • Costs Order
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Commercial And Corporate [2019] ZAFSHC 205

Findaload (Pty) Ltd and Others v CMT Transport (Pty) Ltd and Another (584/2019)

Findaload (Pty) Ltd and Others v CMT Transport (Pty) Ltd and Another (584/2019) [2019] ZAFSHC 205 (31 October 2019)

Court
Free State High Court, Bloemfontein
Case number
584/2019
Judge
C J Musi

The High Court held that a director’s fiduciary duty can survive resignation where the breach is linked to pre-resignation conduct, and granted interdicts and accounting relief.

  • Fiduciary Duty Of Directors
  • Restraint Of Trade
  • Breach Of Confidence
  • Interdictory Relief
  • Companies Act
  • Motion Proceedings
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.