Taylor v Taylor (HB 58 of 2007) [2007] ZWBHC 58 (30 May 2007)

Taylor v Taylor (HB 58 of 2007) [2007] ZWBHC 58 (30 May 2007)

The donation was a simple donation, not remuneratory. Donations between spouses are revocable even after delivery, and gross ingratitude was established by the respondent's conduct. Even absent gross ingratitude, the law allows revocation of such donations without proof of cause.

Citation
[2007] ZWBHC 58
Parties
Applicant: Heather Margaret Taylor; Respondent: Michael Taylor
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
30 May 2007
Case Number
HB 58 of 2007
Procedural Posture
Opposed Application / Judgment
Outcome
Application granted
Legal Topics
Revocation of Donation, Donations Between Spouses, Gross Ingratitude, Property Transfer
Source Language
English
Family Law Property Law Revocation of Donation Donations Between Spouses Gross Ingratitude Property Transfer

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Parties

Heather Margaret Taylor

Applicant

Michael Taylor

Respondent

Procedural Posture

Opposed Application / Judgment

Legal Issues

  1. 1 Whether the donation was a simple or remuneratory donation
  2. 2 Whether a donation can be revoked after delivery
  3. 3 Whether valid legal grounds exist for revocation of the donation, specifically gross ingratitude

Ratio Decidendi

The donation was a simple donation, not remuneratory. Donations between spouses are revocable even after delivery, and gross ingratitude was established by the respondent's conduct. Even absent gross ingratitude, the law allows revocation of such donations without proof of cause.

Court Disposition

Application granted

Orders

  • Applicant’s revocation of her donation to respondent of Lot 2 of subdivision 1 of stand 185 of Matsheumhlophe, Bulawayo is confirmed.
  • Respondent is ordered to effect transfer of the property to applicant within 14 days of service of this order or immediately upon being called upon by conveyancers, failing which the Deputy Sheriff is authorised to sign all documents in his place and stead.