Mass stores – the owners of Game – has been interdicted from trading as a supermarket selling fresh foods, fruit and vegetables in the Mthatha Plaza Shopping Centre, notes a Daily Dispatch report. Shoprite Checkers took on Game in the Eastern Cape High Court (Grahamstown) after it was clear it intended to start selling fresh produce, which contravened an exclusivity clause in Shoprite’s lease contract with Plaza’s landlord Whirlprops. In terms of that lease, Shoprite has the right to operate as a supermarket to the exclusion of any other tenant. However, Whirlprops claimed in court papers that Shoprite had effectively waived its exclusivity trading rights. But Judge Murray Lowe said there was no evidence of this whatsoever. He said Game had clearly known of Shoprite’s right in terms of restricted trading activities when it sought to change its own lease contract. He said it was clear that Game had acted unlawfully and wrongfully by usurping Shoprite’s exclusivity entitlement.

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