Unjani Clinic NPC v Yeko and Others (2023/132730) [2025] ZAGPJHC 146 (17 February 2025)

35 Reportability
Intellectual Property

Brief Summary

Trade Mark — Opposition to application — Withdrawal of opposition — Applicant seeking trade mark relief against six respondents, with the first to fourth respondents withdrawing their opposition and tendering costs — Fifth and sixth respondents failing to participate or appear — Applicant entitled to relief sought due to lack of opposition and established case.

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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 202 4, 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.
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Respondent s No appearance
Instructed by D Ramaema Inc Attorneys
071 641 2156
d@dramaemainc.co.za