YKK Southern Africa (Pty) Ltd v Bond (2050 of 2008) [2008] SZHC 187 (3 October 2008)


IN THE HIGH COURT OF SWAZILAND

HELD AT MBABANE CIVIL CASE NO. 2050/08

In the matter between:

YKK SOUTHERN AFRICA (PTY) LTD APPLICANT

and

JAMES SIMON BOND RESPONDENT



CORAM Q.M. MABUZA -J

FOR THE APPLICANT MR. M. SIBANDZE OF

CURRIE & SIBANDZE ATTORNEYS

FOR THE RESPONDENT MR. Z. JELE OF

ROBINSON BERTRAM






RULING 3/10/08



[1] Mr. Sibandze submitted that the court could discharge the interim order and enforce the restraint of trade. He stated that this was because they were independent of one another. I disagree.


[2] On the other hand Mr. Jele states that the restraint of trade agreement became operative upon the suspension of the Respondent on the 14/5/2007. I disagree. In my view it became operative when the Respondent resigned on the 20/10/2007. Its operation ends on the 20/10/2008.



[3] My reason for refusing to confirm the order in respect of restraint of trade is that Mr. Jele raised some pertinent and important submissions with regard to the said restraint of trade agreement which I would like if possible to address in a full judgment. I cannot do so immediately because of pressure of work and other urgent judgments which need my attention.



The points in limine are upheld and the interim order is discharged with costs on the ordinary scale.



[4] The Applicant is ordered to return the items attached including the hard drive except the following:



PC box (bond)

Bergtheil

Zip sampuls

Berne (apparel catalog)

Identification Manual of Counterfeit Zippers

Well wise (i.e) Industrial Ltd

YKK Printout

YKK Invoices

YKK Presentations

YKK Price list

YKK E-mails

YKK material stockings

Scovill Price list

Denim Price list

YKK Textual Summary Report

2007 James Bond commission chart

YKK Costing sheet

Price list for Mast group

Staff line magazine

YKK Test report

E-mail from EMBEE International

Desk pad

Business cards

Berne apparel quotations.




Q.M. MABUZA -J

3

▲ To the top