Creative Credit (Private) Limited v Richard Tomu and Stephen Neshamba and Lameck Ngoma and K and K Investments (Private) Limited

HH 255-21

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Case Details

Court

Harare High Court

Date

20 May 2021

Citation

HH 255-21

Neutral Citation

[2021] ZWHH 255

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Musithu J

Full Bench

Musithu J

Areas of Law

Commercial LawDelictCompetition Law

Keywords

Unlawful competitionPassing offTrade secretsInterdictFormer employeesConfidential information

Key Issues

{"issue_text":"Whether the applicant's cause of action is grounded in delict or contract","issue_type":"law","dispositive":"no","related_facts":"Employment contracts with confidentiality clauses, alleged unlawful competition"}
{"issue_text":"Whether the applicant established a prima facie case of unlawful competition","issue_type":"mixed","dispositive":"yes","related_facts":"Alleged passing off, diversion of customers, use of confidential information"}
{"issue_text":"Whether the three forms of unlawful competition (passing off, leaning on, unfair use of fruits and labour) were established","issue_type":"mixed","dispositive":"yes","related_facts":"Alleged misrepresentation, use of applicant's efforts, abuse of trade secrets"}

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Facts of the Case

Background

The applicant, a company specializing in electronics, solar and gas appliances, sought an interdict against its former employees (first, second and third respondents) and their newly formed company (fourth respondent) for alleged unlawful competition. The former employees were accused of using confidential information and trade secrets obtained during employment to divert customers and pass off their business as that of the applicant.

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