Chetty v Naidoo
Encyclopedia
Chetty v Naidoo, an important case in South Africa
n property
law, was heard in the Appellate Division on February 26, 1974
, with judgment handed down on April 1.
The court held that a plaintiff who claims possession by virtue of his ownership must, ex facie his statement of claim, prove the termination of any right to hold which he concedes the defendant would have had but for the termination. The necessity of this proof falls away, however, if the defendant does not invoke the right conceded by the plaintiff but denies that it existed. The concession then becomes mere surplusage, as it no longer bears upon the real issues then revealed.
If, however, the defendant relies on the right conceded by the plaintiff, the latter must prove its termination. This is so not only if the concession is made in the statement of claim, but at any stage.
The decision in the Durban
and Coast Local Division in Naidoo v Chetty was thus confirmed.
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
n property
South African property law
South African property law regulates the "rights of people in or over certain objects or things." It is concerned, in other words, with a person's ability to undertake certain actions with certain kinds of objects in accordance with South African law....
law, was heard in the Appellate Division on February 26, 1974
1974 in South Africa
-January:*4 January - Harry Schwarz met with Mangosuthu Buthelezi signed the Mahlabatini Declaration of Faith, a five-point 5 point plan for racial peace in South Africa.-March:...
, with judgment handed down on April 1.
The court held that a plaintiff who claims possession by virtue of his ownership must, ex facie his statement of claim, prove the termination of any right to hold which he concedes the defendant would have had but for the termination. The necessity of this proof falls away, however, if the defendant does not invoke the right conceded by the plaintiff but denies that it existed. The concession then becomes mere surplusage, as it no longer bears upon the real issues then revealed.
If, however, the defendant relies on the right conceded by the plaintiff, the latter must prove its termination. This is so not only if the concession is made in the statement of claim, but at any stage.
The decision in the Durban
Durban
Durban is the largest city in the South African province of KwaZulu-Natal and the third largest city in South Africa. It forms part of the eThekwini metropolitan municipality. Durban is famous for being the busiest port in South Africa. It is also seen as one of the major centres of tourism...
and Coast Local Division in Naidoo v Chetty was thus confirmed.