MTN Service Provider (Pty) Ltd v Belet Industries CC t/a Belet Cellular (1077/2019) [2021] ZASCA 7 (15 January 2021)

Flynote

Interpretation of contract – between cell phone service provider and dealer
of cell phone products – repudiation – dealer alleged to possess goods not supplied
by service provider – not proved – indemnity clause – dealer not precluded from
recovering damages resulting from repudiation of agreement by service provider –
whether dealer precluded by non-variation clause from including new store under the
agreement – permissible as agreement contains procedure for an amendment due to
changed circumstances – followed by service provider – appeal dismissed.


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