Diamond Panel Beaters and Towing CC v Moks Towing and Recovery CC and Another (25018/2022)
Diamond Panel Beaters and Towing CC v Moks Towing and Recovery CC and Another (25018/2022) [2024] ZAGPPHC 1074 (28 October 2024)
The applicant failed to provide sufficient particularity and credible evidence of unlawful conduct by the respondents. The allegations regarding obstruction and threats were vague, lacked detail, and were denied by the respondents, who provided a plausible account of the events. The requirements for a final interdict—clear right, injury committed or apprehended, and absence of alternative remedy—were not satisfied on the papers. The court was not persuaded that the applicant's right to trade was unlawfully infringed or that the respondents acted unlawfully. Jurisdiction was assumed in favour…
Source excerpt
- Final Interdict
- Right To Trade
- Service Level Agreement
- Jurisdiction
- Competitor Disputes