High Court of South Africa North Gauteng, Pretoria

The Gauteng Division of the High Court of South Africa is a superior court of law which has general jurisdiction over the South African province of Gauteng and the eastern part of North West province. The main seat of the division is at Pretoria, while a local seat at Johannesburg has concurrent jurisdiction over the southern parts of Gauteng. 

105 judgments
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105 judgments
Citation
Judgment date
October 2022
Leave to appeal an eviction order granted where court found realistic prospects of success despite procedural omission.
Superior Courts Act s17 – leave to appeal – higher threshold: appellant must show realistic prospects another court would differ; procedural omission to specify s17 ground not necessarily fatal; leave granted to Full Court with costs in eviction appeal.
3 October 2022
3 October 2022
3 October 2022
A final interdict enforced a 24‑month restraint after the former employee breached and lied about servicing the applicant’s client.
* Restraint of trade – enforceability of separate general restraint agreement despite later contracts lacking restraint clause; 24-month nationwide restraint. * Breach of restraint – employee’s post-termination involvement with employer’s client performing installations/maintenance of specialised systems. * Interim and final interdict – application of Wightman test where respondent’s denials are uncorroborated. * Intellectual property/software – order to delete copies of proprietary SM Tool software. * Costs – punitive costs including two counsel where respondent acted dishonestly.
3 October 2022
3 October 2022