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Harare High Court
Chipo Goto v Shadreck Tsuro N.O. and 4 Others
HH 504-23
Case Details
Court
Harare High Court
Date
30 August 2023
Citation
HH 504-23
Neutral Citation
[2023] ZWHH 504
Outcome
unknown
Case Type
Application
Bench
Presiding
TSANGA J
Full Bench
TSANGA J
Areas of Law
Property LawSuccession LawDonations Law
Keywords
donation inter vivostransfer of propertyexecutorestate distributionintestate succession
Tags
donation inter vivosestate administrationproperty transferintestate succession
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a valid donation inter vivos was perfected before the donor's death","issue_type":"mixed","dispositive":"yes","related_facts":"Documents signed in 2016, property never transferred, donor died in 2021"}
- {"issue_text":"Whether property can be transferred to a donee after the death of a donor","issue_type":"law","dispositive":"yes","related_facts":"Property remained in donor's name at death, no transfer completed"}
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background
Facts of the Case
Background
The applicant sought a declarator that her late mother had validly donated immovable property to her during lifetime, and that the property should be excluded from the deceased's estate. The donation was made in 2016 but transfer was never completed before the donor's death in 2021. The executor included the property in the estate inventory for distribution among intestate beneficiaries.
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