Papert v Fresh Meat Supply Company Ltd [1911] ZAWLD 38 (8 September 1911)

Declaration of Rights - Action for - lnfringement

A plaintiff is not entitled to claim a declaration of rights merely because such rights have been disputed by the defendant. To found such a claim he must show an infringement of rights by some overt act.
(Colonial Government vs. Stephan Bros, 17 S.C. 59, 10 C.T.R. 68, and Schalkwijk vs. Fraserburg Divisional Council. 24 S.C. 24, 17 C.T.R. 65, followed.
Donovan vs. Turffontein Estate Co., 2 O.R. 218, not followed.)