GREENDALE HARDWARE & ELECTRICAL (PVT) LTD v BANGABA 2007 (2) ZLR 17 (S)

2007 (2) ZLR p17

Flynote

Contract — restraint of trade — protection of employer from mere competition by former employee — unreasonable restraint

Contract — restraint of trade — reasonableness thereof — a question of law — clause in contract that consent of employer required before prohibited conduct is undertaken — such clause not making an unreasonable restraint reasonable — test for validity of restraint of trade — protection of proprietary interests of employer — protection must be no more than is reasonably necessary to protect such interests

Contract — restraint of trade — trade connections of employer — protection thereof — such protection achieved by a restraint against competition — when such a restraint can be considered reasonable and enforceable — such restraint must be the only way of protecting the employer's trade connections

Employment — contract of employment — restraint of trade — test for validity of restraints of trade — protection from mere competition by former employee — such restraint unreasonable

Employment — contract of employment — restraint of trade — trade connections of employer — protection of such interests by a restraint against competition by former employee — when such restraint enforceable