D & E Trading (Pty) Ltd v Hilton Village Centre CC and Others (1342/13)
D & E Trading (Pty) Ltd v Hilton Village Centre CC and Others (1342/13) [2013] ZAKZPHC 12 (19 March 2013)
The court held that the restraint clause in the cancellation agreement does not extend to franchisees or buying partners of opposition supermarket groups, but only to actual members of such groups as understood in corporate law. The second respondent, while a franchisee of OK Franchise Division, is not a member of the Shoprite group in the sense contemplated by the restraint. The applicant provided the wording of the restraint and could have expressly included franchisees if intended. The first respondent was not aware of any franchise agreement at the time of leasing, and there is no evidenc…
Source excerpt
- Restraint Of Trade
- Lease Interpretation
- Franchise Relationships
- Contractual Autonomy
- Constitutional Scrutiny