Kruger v National Director of Public Prosecutions [2019] ZACC 13 (9 April 2019)

Delict – claim for damages for malicious prosecution, defamation and
wrongful arrest and detention – whether animus iniuriandi and absence of reasonable
and probable cause for malicious prosecution proved – whether animus iniuriandi for
defamation proved – whether defendant’s failure to testify reasonable

Contract – interlinked contracts for sale of pork products – prices in sale contract market related – parties unable to reach agreement on price – no consensus – contractual arrangement ended – counterclaim for breach of contract – party allegedly failing to adjust prices – not giving written notice of inability to do so – not proved – delict – unlawful competition – use of confidential information to poach customers – not established – appeal dismissed.

Prescription Act 68 of 1969 – when prescription started running – result
favourable to the plaintiff remains a requirement for the completion of the cause of action in a claim based on malicious proceedings.

Mandament van spolie – principle affirmed that remedy
possessory in nature – order requiring restoration of possession must be
capable of being carried into effect – high court having ordered party not in
possession of spoliated property to restore possession thereof to despoiled
party – whether agent of company a co-spoliator - order set aside as not
capable of being carried into effect

Trade marks – whether marks liable to be removed from register – lack of distinctiveness in terms of s 24 read with ss 10(2)(a), (b) and (c) of Trade Marks Act 194 of 1993 (the Act) – non-use for five years or longer under s 27(1)(b) of the Act – registration without a genuine intention to use coupled with non-use under s 27(1)(a) – likelihood of confusion or deception arising from manner of use of mark under s 10(13).

Contract – breach – failure to acquire additional shares – disposal of shares – quantification of damages – whether highest intermediate value principle should apply – non-payment of dividends and interest – disgorgement of secret profit – whether in duplum rule should be developed – whether contempt of court proved