South Africa Case Law

Eco Tabs Gauteng (Pty) Ltd v Eco Tabs Africa (Pty) Ltd and Another (3212/2019)

Eco Tabs Gauteng (Pty) Ltd v Eco Tabs Africa (Pty) Ltd and Another (3212/2019) [2020] ZAMPMBHC 14 (17 June 2020)

Court

Mbombela High Court, Mpumalanga

Case number

3212/2019

Judge

Kgoele

The court found that the respondents, both the company and its sole director, were aware of the Court Order and intentionally disobeyed its terms by contacting the applicant's clients and interfering with its business relationships. The respondents' explanations for their conduct were unconvincing and did not establish a reasonable doubt as to wilfulness or mala fides. The court held that service on the attorney of record was sufficient under the circumstances and that the joinder of the second respondent was proper given his direct involvement. The requirements for contempt were satisfied be…

Source excerpt

• Contempt Of Court
• Distribution Agreement
• Exclusive Distributorship
• Director Liability

Faer SA Kitchen Cupboards (Pty) Ltd t/a Faer Furniture Technology (52746/2014)

Faer SA Kitchen Cupboards (Pty) Ltd t/a Faer Furniture Technology (52746/2014) [2016] ZAGPPHC 1228 (5 December 2016)

Court

North Gauteng High Court, Pretoria

Case number

52746/2014

Judge

S.A.M. Baqwa

The High Court dismissed a delict claim based on an alleged exclusive distributorship with Volpato, finding no proven exclusivity, no knowledge, and no inducement.

• Exclusive Distributorship
• Inducement Of Breach Of Contract
• Unlawful Competition
• Sole Agency
• Delictual Liability
• Passing Off

N&Z Instrumentation and Control v Trolex SA (Pty) Ltd (2012/A5052)

N&Z Instrumentation and Control v Trolex SA (Pty) Ltd (2012/A5052) [2013] ZAGPJHC 251 (4 June 2013)

Court

South Gauteng High Court, Johannesburg

Case number

2012/A5052

Judges

Sutherland, Carelse, Ranchod

Appeal over an alleged oral exclusive distributorship and commission agreement failed; the court found the documents and conduct showed negotiations, not consensus.

• Oral Contracts
• Exclusive Distributorship
• Commission Agreements
• Contractual Consensus
• Agency Authority
• Oral-contracts

Jokari SA (Pty) Ltd v Reebok International Ltd (250/92)

Jokari SA (Pty) Ltd v Reebok International Ltd (250/92) [1994] ZASCA 136; 1994 (4) SA 785 (AD); (29 September 1994)

Court

Supreme Court of Appeal

Case number

250/92

Judges

C.P. Joubert, EM Grosskopf, Smalberger, Vivier, Nienaber

The court held that Reebok’s distribution arrangements with Jokari did not make Reebok contractually liable to supply the ordered goods.

• Distribution Agreement
• Breach Of Contract
• Agency
• Damages For Breach
• Exclusive Distributorship
• Distribution-agreement