Chipo Goto v Shadreck Tsuro N.O. (In his Capacity as Executor Dative of the estate of the late Edith Shope Goto) & 4 Ors

SC 40/24

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Case Details

Court

Supreme Court

Date

9 February 2024

Citation

SC 40/24

Neutral Citation

[2024] ZWSC 40

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Makoni JA

Full Bench

Mavangira JAMakoni JAMusakwa JA

Areas of Law

Property LawSuccession LawContract Law

Keywords

donation inter vivosimmovable propertyexecutor dativeestate distributionproperty transfer after death

Key Issues

{"issue_text":"Whether immovable property donated to a donee and accepted during the donor's lifetime can be transferred to the donee after the donor's death","issue_type":"law","dispositive":"yes","related_facts":"Donation executed and accepted in 2016, donor died in 2021, transfer not completed"}

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Facts of the Case

Background

The appellant, daughter of the late Edith Shope Goto, claimed that her mother donated immovable property to her during her lifetime through a deed of donation executed on 22 July 2016. The donation was accepted but transfer was not completed before the donor's death on 8 May 2021. The executor of the estate refused to recognize the donation and included the property in the estate distribution. The High Court dismissed the appellant's application for a declaratory order.

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