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South Africa decisions
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Spence v Wu (8184/2018) [2023] ZAGPPHC 676 (19 July 2023)
The court held that the parties orally agreed on a non-compete term, but dismissed both the plaintiff’s claim for payment and the defendant’s restitution counterclaim.
Black Rose Taxi and Shuttle Services (Edms) Beperk v Kramer (963/2016) [2016] ZANCHC 26 (10 June 2016)
The court found that the applicant failed to establish, on the papers, that the initial oral agreement contained a term obliging the respondent to make his operating licence available to the applicant company for as long as it existed. The applicant's version was improbable and unsupported by the evidence, particularly given the parties' personal relationship and the lack of any indication that the respondent intended to relinquish control of his licence indefinitely. The written agreement of 3 December 2015 regulated withdrawal from the business, including the licence, and the respondent com…
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Como Oils (Pty) Ltd v Laurmo Oils CC (5655/2013) [2015] ZAKZDHC 23 (17 March 2015)
The High Court held that Laurmo Oils owed Como Oils for a loan and for coconut oil supplied, rejecting the defendant’s set-off defence based on storage charges.
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