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South Africa decisions
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Porter and Another v Esportif International (SA) (Pty) Ltd (22/18285) [2023] ZAGPJHC 1442 (8 December 2023)
The High Court dismissed an application to set aside subpoenas issued to third parties, finding the applicants lacked locus standi and had not shown abuse of process.
Torasource (Pty) Ltd t/a Solarwize Africa v Lleyds and Others (082049/2023) [2023] ZAGPPHC 749 (25 August 2023)
The court found that the applicant's case rested almost exclusively on the existence of a restraint of trade agreement, which the first respondent credibly denied, supported by photographic evidence of the signed contract lacking such a clause. The respondent's version was not so far-fetched or untenable as to be rejected on the papers, and the applicant failed to establish a factual basis for the existence of the restraint. Even if the confidentiality clause was accepted, the applicant did not demonstrate a legitimate protectable interest in the information, as the respondent's role was limi…
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Stokes v Cancape (Pty) Ltd (21392/2018; 1152/2019) [2022] ZAWCHC 241; (2023) 44 ILJ 431 (WCC) (28 November 2022)
High Court dispute over an employment profit-share: the plaintiff failed to prove losses were excluded, but recovered undisputed amounts for the rental book and termination bonus.
Kiron Interactive (Pty) Ltd v Netshishivhe (11014/2022) [2022] ZAGPJHC 328 (13 May 2022)
The High Court granted interim restraint relief against a former employee, finding a prima facie case to protect confidential information and enforce urgency.
Firework 1475 (Pty) Ltd v Becker and Others (36830/2014) [2015] ZAGPJHC 90 (22 May 2015)
The court held that it was in the interests of justice to grant the applicant leave to file a supplementary affidavit and to allow the first and second respondents an opportunity to respond with their own supplementary affidavits. The application to recall the previous referral to oral evidence was postponed sine die, to be heard together with the main application once all relevant affidavits were before the court. The court reserved the question of costs to be determined at the main application, emphasizing that it would be inappropriate to deal with the recall application until all suppleme…
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Moore v Leamar Environmental Solutions (54987/2012) [2014] ZAGPPHC 380; - (18 June 2014)
Opposed winding-up application where an employment-related debt was disputed. The court referred the provident fund and 5% bonus issues to oral evidence.
Elly v Mafikeng Local Municipality (1372/06) [2007] ZANWHC 13 (29 March 2007)
The court ordered a municipality to proceed to private arbitration over an employee dismissal dispute and awarded punitive costs.
Amazulu Football Club (Proprietary) Limited v mrewa and Another (9020/2003) [2005] ZAKZHC 20 (8 December 2005)
The High Court refused condonation for a late rescission application, finding no acceptable explanation for the delay despite some apparent prospects on quantum.
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