Chetty v Naidoo

Chetty v Naidoo,^[1] an important case in South African property law, was heard in the Appellate Division^[2] 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.

See also

• South African property law

References

• Chetty v Naidoo 1974 (3) SA 13 (A).

Notes

1. ^ 1974 (3) SA 13 (A).
2. ^ Van Blerk JA, Jansen JA, Muller JA, Corbett AJA and Hofmeyr AJA.