Two consolidated applications raised issues relating to an alleged passing off and an alleged trade mark infringement. The essential dispute between the parties concerned the right to use the name "Nino" or "Nino's" in the course of business in Cape Town and its surrounding areas. A member of the Applicant ("Zanasi") had previously owned a coffee shop by the name of "Nino Coffee and Sandwich Bar"("the coffee shop") which was situated in Braamfontein and which he sold to a member of the First Respondent ("Korkorris"). Thereafter the applicant opened two restaurants in the Cape Town area using the name Nino Coffee Bar & Restaurant. The first respondent had, after its acquisition of the coffee shop from the Applicant, carried on business as a franchisor of coffee bars under the name "Nino's Italian Coffee and Sandwich Bar". The First Respondent's principal place of business was in Johannesburg, with coffee bars predominantly situated in Gauteng and two being situated in Cavendish Square and Claremont in the Western Cape. The First Respondent was also a franchisor of coffee bars under the name "Nino's Internet Cafe" and the proprietor, in South Africa, of a registered trademark in respect of Nino's Italian Coffee and Sandwich Bar ("the trademark"). This was the trademark under which it had always conducted its franchise business. On 30 May 1997, the Applicant brought an application ("the first application") as a matter of urgency for an order interdicting and restraining the First.