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South Africa Case Law

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Civil Procedure [2024] ZAGPJHC 1020

Known Associates (Pty) Limited v Astron Energy (Pty) Limited (2023/120004)

Known Associates (Pty) Limited v Astron Energy (Pty) Limited (2023/120004) [2024] ZAGPJHC 1020 (11 October 2024)

High Court exception ruling: claim 1 failed for lack of pleaded contract terms, while claim 2 alleging IP misappropriation survived.

  • Exceptions To Pleadings
  • Contractual Liability
  • Quantification Of Damages
  • Intellectual Property Infringement
  • Unlawful Competition
  • Exceptions-to-pleadings
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Civil Procedure [2024] ZAGPJHC 586

Fine and Country South Africa (Pty) Ltd v Tradelink Properties (Pty) Ltd (2024/048486)

Fine and Country South Africa (Pty) Ltd v Tradelink Properties (Pty) Ltd (2024/048486) [2024] ZAGPJHC 586 (21 June 2024)

The court found that the applicant failed to establish urgency, as the urgency was self-created by refusing to arbitrate in accordance with the agreement. The founding affidavit did not set out the breaches with sufficient particularity, relying instead on vague statements and annexed correspondence, which did not amount to pleaded facts. The applicant attempted to supplement its case in reply, which is impermissible except in exceptional circumstances not present here. The lack of detail in the founding papers prevented the respondent from answering the allegations and precluded the court fr…

  • Founding Affidavit Requirements
  • Urgent Interdict
  • Breach Of Contract
  • Intellectual Property Infringement
  • Arbitration Clause
  • Dispute Of Facts
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Delict [2023] ZAGPJHC 374

Evrigard (Pty) Ltd and Another v Select PPE (Pty) Ltd (44317/2021)

Evrigard (Pty) Ltd and Another v Select PPE (Pty) Ltd (44317/2021) [2023] ZAGPJHC 374; 2023 BIP 13 (GJ) (25 April 2023)

The High Court dismissed an application for declaratory and interdictory relief over alleged defamatory statements and injurious falsehoods in an IP dispute.

  • Defamation
  • Injurious Falsehood
  • Interdictory Relief
  • Declaratory Relief
  • Intellectual Property Infringement
  • Passing Off
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Commercial And Corporate [2015] ZAGPPHC 581

Franchising to Africa v SPKC Holdings (Pty) Ltd and Another (3253/2015)

Franchising to Africa v SPKC Holdings (Pty) Ltd and Another (3253/2015) [2015] ZAGPPHC 581 (24 July 2015)

Summary judgment was granted for arrear rental and royalties under a franchise agreement; the defendants’ exceptio and set-off defences failed.

  • Franchise Agreement
  • Summary Judgment
  • Exceptio Non Adimpleti Contractus
  • Liquidated Claim
  • Set Off
  • Intellectual Property Infringement
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.