Oasis Water (Pty) Ltd and Another v Bester and Another (UM70/2023)
Oasis Water (Pty) Ltd and Another v Bester and Another (UM70/2023) [2023] ZANWHC 53 (16 May 2023)
The court found that the applicants were entitled to limited interim relief enforcing certain post-termination rights under the franchise agreements, specifically the return of manuals, signage, and removal of Oasis branding from the respondents' premises. However, the applicants failed to establish a protectable proprietary interest in the purification system, shop layout, or equipment, as these were not unique or confidential to Oasis Water and were not supplied by the franchisor. The court held that the restraint of trade and broader restrictive covenants sought by the applicants were not…
Source excerpt
- Franchise Agreements
- Restraint Of Trade
- Passing Off
- Confidential Information
- Consumer Protection Act
- Trade Marks