Engen Petroleum Limited v Fastrack Trading 276 CC t/a Motorcall Service Station and Another (80739/2016) [2018] ZAGPPHC 755 (16 February 2018)
Court
North Gauteng High Court, Pretoria
Case number
80739/2016
Judge
S S Mphahlele
The High Court dismissed Engen’s declaratory application, finding the alleged agreement was subject to unmet suspensive conditions and was too vague to be enforceable.
CTP Ltd. and Others v Argus Holdings Ltd. and Another (418/93) [1995] ZASCA 32; 1995 (4) SA 774 (AD); [1995] 2 All SA 398 (A) (29 March 1995)
Court
Supreme Court of Appeal
Case number
418/93
Judges
Corbett, EM Grosskopf, Smalberger, Nienaber, Nicholas
The Supreme Court of Appeal held that the restraints contained in the 1980 and 1985 agreements were enforceable at the instance of the appellants. The court found that the restraints, although indefinite in duration, were not contrary to public policy because they protected legitimate business interests arising from the joint venture and reciprocal arrangements between the parties. The court rejected the argument that the restraint clauses were void for vagueness, holding that the terms 'local newspaper' and 'regional newspaper' could be interpreted in light of the parties' business practices…
