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South Africa Case Law

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Delict [2015] ZASCA 164

Masstores (Pty) Ltd v Pick n Pay Retailers (Pty) Ltd (20711/14)

Masstores (Pty) Ltd v Pick n Pay Retailers (Pty) Ltd (20711/14) [2015] ZASCA 164; 2016 (2) SA 586 (SCA); [2016] 2 All SA 351 (SCA) (25 November 2015)

Court
Supreme Court of Appeal
Case number
20711/14
Judges
Maya, Leach, Theron, Majiedt, Zondi

The SCA held that Masstores breached its lease restraint by trading as a general food supermarket, unlawfully interfering with Pick n Pay’s exclusivity rights.

  • Unlawful Interference With Contract
  • Restraint Of Trade
  • Lease Exclusivity
  • Anchor Tenant Rights
  • Pure Economic Loss
  • Huur Gaat Voor Koop
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Delict [2014] ZAGPPHC 769

Pick n Pay Retailers (Pty) Ltd v Masstores (Pty) Ltd and Another (46501/2014)

Pick n Pay Retailers (Pty) Ltd v Masstores (Pty) Ltd and Another (46501/2014) [2014] ZAGPPHC 769 (26 September 2014)

Court
North Gauteng High Court, Pretoria
Case number
46501/2014
Judge
J W Louw

The court found that Masstores was trading as a general food supermarket at Capegate Shopping Centre, as evidenced by the wide range of perishable and non-perishable foods and household goods sold. The term 'supermarket' was interpreted according to its ordinary English meaning, not technical industry definitions. Clause 12.1 of Masstores' lease prohibited trading as a general food supermarket, and Masstores' continued operation after being made aware of Pick n Pay's exclusivity rights constituted unlawful interference with Pick n Pay's contractual relationship with Hyprop. The exclusivity pr…

Source excerpt

  • Unlawful Competition
  • Interference With Contractual Relationship
  • Lease Exclusivity
  • Huur Gaat Voor Koop
  • Interpretation Of Contracts
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Land And Property [2014] ZAGPPHC 321

Pick-N-Pay Retailers (Pty) Ltd v Liberty Group Limited and Others (31739/14)

Pick-N-Pay Retailers (Pty) Ltd v Liberty Group Limited and Others (31739/14) [2014] ZAGPPHC 321; 2015 (4) SA 241 (GP) (5 June 2014)

Court
North Gauteng High Court, Pretoria
Case number
31739/14
Judge
D S Fourie

Urgent interim-interdict case over alleged lease exclusivity and proposed Game FoodCo expansion at Liberty Midlands Mall.

  • Lease Exclusivity
  • Interim Interdict
  • Unlawful Interference With Contract
  • Joinder Of Parties
  • Irreparable Harm
  • Balance Of Convenience
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.