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Harare High Court
Fazilla Charmaine Chimbgandah v Albert Chitaunhie N.O and Christonville Enterprises (Pvt) Ltd
HH 305/23
Case Details
Court
Harare High Court
Date
18 May 2023
Citation
HH 305/23
Neutral Citation
[2023] ZWHH 305
Outcome
unknown
Case Type
Application
Bench
Presiding
CHIRAWU-MUGOMBA J
Full Bench
CHIRAWU-MUGOMBA J
Areas of Law
Succession LawCompany LawProperty Law
Keywords
donation inter vivoscorporate veilalter egoestate accountimmovable property
Tags
corporate veildonation inter vivosestate administrationcompany property
legislation
Statutes Cited
- High Court Act
- Administration of Estates Act
- General Law Amendment Act
- Deeds Registries Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Can a deceased person during their lifetime donate inter vivos immovable property registered in the name of a company?","issue_type":"law","dispositive":"yes","related_facts":"Property registered in company name, verbal donation by deceased"}
- {"issue_text":"Should the corporate veil be lifted to treat company property as deceased's personal property?","issue_type":"law","dispositive":"no","related_facts":"Applicant claims company was sham/alter ego"}
- {"issue_text":"Is the applicant entitled to a declaratur amending the estate account?","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant claims property was donated to her"}
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background
Facts of the Case
Background
The applicant, daughter of the deceased Matthew Chimbgandah, claimed that her father verbally donated an immovable property to her in July 2017. The property was registered in the name of Christonville Enterprises (Pvt) Ltd, a company in which the deceased was director and shareholder. The executor of the estate refused to recognize the donation, leading to this application for a declaratur and consequential relief.
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