Case Law[2025] ZAGPJHC 146South Africa
Unjani Clinic NPC v Yeko and Others (2023/132730) [2025] ZAGPJHC 146 (17 February 2025)
High Court of South Africa (Gauteng Division, Johannesburg)
17 February 2025
Judgment
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# South Africa: South Gauteng High Court, Johannesburg
South Africa: South Gauteng High Court, Johannesburg
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## Unjani Clinic NPC v Yeko and Others (2023/132730) [2025] ZAGPJHC 146 (17 February 2025)
Unjani Clinic NPC v Yeko and Others (2023/132730) [2025] ZAGPJHC 146 (17 February 2025)
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sino date 17 February 2025
###### IN THE HIGH COURT OF
SOUTH AFRICA
IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG DIVISION,
JOHANNESBURG
CASE
NO:
2023/132730
1.
Reportable: No
2.
Of interest to other judges: No
3.
Revised
17
February 2025
Wright
J
UNJANI
CLINIC NPC
Applicant
and
CYNTHIA
GCINILE YEKO
First
Respondent
P
AND C WELLNESS SERVICES CC
Second
Respondent
SIZAKELE
GOODNESS NKOSI
Third
Respondent
SIZENKOSI
CARE SERVICES (PTY) LTD
Fourth
Respondent
LUNGILE
ZWANE
Fifth
Respondent
ZUBUYILE07
(PTY) LTD
Sixth
Respondent
JUDGMENT
WRIGHT J
1.
The applicant company,
Unjani launched an application against six respondents claiming trade
mark relief.
2.
The application was
opposed by all respondents.
3.
On 18 March 2024, D
Ramaema Inc filed a notice of appointment as attorneys of record for
all six respondents.
4.
On 12 June 2024, a
notice of set down for today, 17 February 2025 was served on D
Ramaema Inc.
5.
On 26 June 2024, D
Ramaema Inc withdrew as attorneys for the fifth and sixth
respondents.
6.
On 19 July 2024, the
sheriff served the notice of set down personally on the fifth
respondent, Ms Zwane who is a director of the
sixth respondent
company.
7.
The applicants have
prepared for this opposed hearing, for example by filing heads of
argument. None of the respondents have done
so.
8.
As late as 12 February
2025, D Ramaema Inc filed a notice that the first to fourth
respondents withdraw their opposition to the
application and tender
party and party costs.
9.
There being no
opposition from the first to fourth respondents and no participation
as required from the fifth and sixth respondents
nor appearance by or
for them, the applicant, having made out a case is entitled to the
relief sought
10.
A draft order has been
prepared by the applicant’s attorneys.
ORDER
1. Order ito X-
GC
Wright
Judge
of the High Court
Gauteng
Division, Johannesburg
HEARD:
17 February 2025
DELIVERED:
17 February 2025
APPEARANCES:
Applicants
Adv
AIan Learmonth
073 659
4689
learmonth@counsel.co.za
Instructed
by Marshall Attorneys
083 452 6358
cliff@marshallattorneys.co.za
Respondents
No appearance
Instructed
by D Ramaema Inc Attorneys
071 641 2156
d@dramaemainc.co.za
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