This is an application brought by Aspen Pharmacare Holdings Limited (“the Applicant”), a well-established South African pharmaceutical company, in terms of sections 160(1) and 160(2)(b) of the Companies Act 71 of 2008 (“the Act”), seeking relief against the registration and continued use of the name “AfrI Afya Pharmacare (Pty) Ltd”. The Applicant invokes the jurisdiction of the Companies
Tribunal on the basis that the Respondent’s name contravenes the prohibitions contained in section 11(2)(a), (b), and (c) of the Act.