A HARARE woman has won a Supreme Court case in which she was fighting her siblings over a house “donated” to her by their then 90-year-old mother.
Chipo Goto received the US$100 000 house in Mabelreign, but was dragged to the High Court by her siblings challenging the donation.
They argued that the deceased had no mental capacity to understand the deed of donation she signed for the property.
The High Court however, ruled in her siblings’ favour ordering them to share the late Edith Shope Goto’s estate equally.
She died on May 8, 2021, and Chipo is also a beneficiary of their mother’s estate.
Chipo approached the Supreme Court bench consisting of Justices Susan Mavangira, Lovender Makoni and Joseph Musakwa appealing against the judgment.
Chipo cited Shadreck Tsuro, who is the executor dative of the estate of the late Goto, Philda Chikerema, Monicah Chiviya, Tabita Changonda and the Master of the High Court as respondents.
In overturning the High Court judgment, the Supreme Court judges ruled that there was no doubt from facts of the case that the intention by the deceased was to enrich the applicant.
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They ruled that the High Court had clearly accepted that the donation was valid, but was not transferred during the donor’s lifetime.
“The donation was valid and the property had to be transferred to the donee in terms of the deed of donation,” the judges said.
“A donation is valid and perfected purely upon its acceptance. Legal rights and obligations are created upon the creation of the donation agreement.
“Such rights are enforceable and cannot be taken away without lawful basis. Delivery of the donated property can occur at anytime after the contract of donation has been entered into. “
In her application, Chipo argued that she received the immovable property in July 2016, in the presence of Peter Makonza, Haggai Makonza and Rudo Makonza-Goto.
On November 24, 2022, the appellant filed an application for a declaratory order at the High Court to order the transfer of the property to her.
Her siblings, however, opposed the application.
