Spar Group Limited and Another v Superand Spar CC t/a Kilner Park Superspar and Others (61163/2017)
Spar Group Limited and Another v Superand Spar CC t/a Kilner Park Superspar and Others (61163/2017) [2017] ZAGPPHC 598 (11 September 2017)
The court found that the dispute regarding the triggering of pre-emptive rights under the Spar membership agreement and whether a sale agreement had been concluded could not be resolved on the papers due to factual and legal complexities. Exercising its discretion under Rule 6(5)(g), the court referred the matter to trial for full ventilation of the issues. In the interim, the applicants established a strong prima facie case for the existence and threatened infringement of their pre-emptive rights, and satisfied all requirements for an interim interdict. The respondents were interdicted from…
Source excerpt
- Pre Emptive Rights
- Membership Agreement
- Interim Interdict
- Urgent Application
- Contractual Interpretation