Easigas (Pty) Ltd v Penguin Gas (Pty) Ltd and Another (9415/2021) [2022] ZAWCHC 97 (16 May 2022)
Court
Western Cape High Court, Cape Town
Case number
9415/2021
Judge
P. S. Van Zyl
The High Court granted a final interdict protecting Easigas’s LPG cylinders, finding a reasonable apprehension of future unlawful filling and distribution.
Easi Gas (Pty) Limited v Gas Giant CC t/a Independent Gas and Another; In re: Oryx Oil South Africa (Pty) Limited v Gas Giant CC t/a Independent Gas and Another (11660/2015, 11656/2015) [2016] ZAGPJHC 73 (14 April 2016)
Court
South Gauteng High Court, Johannesburg
Case number
11660/2015, 11656/2015
Judge
R Francis
The court found that the applicants retained ownership of the LPG cylinders by virtue of their branding, deposit system, and explicit reservation of ownership. The respondents failed to prove that ownership had passed to them, as there was no intention by the applicants to transfer or abandon ownership. The regulations and safety standards reinforce the requirement for owner authorization before refilling, and the exchange practice does not undermine the applicants' rights. The second respondent admitted to filling the applicants' cylinders, justifying interdictory relief against him. The app…