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    Case Law About Gift Intervivos

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    Cynthia Amweno
    For a gift to be legally valid and enforceable: 1. The donor must deliver or transfer ownership of the gift during their lifetime by completely relinquishing control over the subject of the gift. 2. There must be intent by the donor to irrevocably give the gift and acceptance of the gift by the donee. 3. Delivery of the gift can be actual or constructive, in a way that demonstrates the donor has given up all control, such as executing a formal deed of gift. Intention alone is not enough, there must be action by the donor in delivering the gift.

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    Case Law About Gift Intervivos

    Uploaded by

    Cynthia Amweno
    1K views2 pages
    For a gift to be legally valid and enforceable: 1. The donor must deliver or transfer ownership of the gift during their lifetime by completely relinquishing control over the subject of the gift. 2. There must be intent by the donor to irrevocably give the gift and acceptance of the gift by the donee. 3. Delivery of the gift can be actual or constructive, in a way that demonstrates the donor has given up all control, such as executing a formal deed of gift. Intention alone is not enough, there must be action by the donor in delivering the gift.

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    cases on gifts

    Original Title

    CASE LAW ABOUT GIFT INTERVIVOS

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    For a gift to be legally valid and enforceable: 1. The donor must deliver or transfer ownership of the gift during their lifetime by completely relinquishing control over the subject of the gift. 2. There must be intent by the donor to irrevocably give the gift and acceptance of the gift by the donee. 3. Delivery of the gift can be actual or constructive, in a way that demonstrates the donor has given up all control, such as executing a formal deed of gift. Intention alone is not enough, there must be action by the donor in delivering the gift.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    1K views2 pages

    Case Law About Gift Intervivos

    Uploaded by

    Cynthia Amweno
    For a gift to be legally valid and enforceable: 1. The donor must deliver or transfer ownership of the gift during their lifetime by completely relinquishing control over the subject of the gift. 2. There must be intent by the donor to irrevocably give the gift and acceptance of the gift by the donee. 3. Delivery of the gift can be actual or constructive, in a way that demonstrates the donor has given up all control, such as executing a formal deed of gift. Intention alone is not enough, there must be action by the donor in delivering the gift.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    1.

    Delivery of the gift must be actual or constructive made during the donor’s
    lifetime in a manner that depicts that the donor has stripped themselves of all
    dominion over the gift. See for example my decision in Namugambe
    Balopera & Ors Vrs Frederick Njuki &Anor HCCS No. 341/2013
    (unreported). And to illustrate that point further, Todd & Watts In Cases
    & Materials on Equity & Trusts 3rd Ed at 130 states as follows
    For a gift to be perfect, the donor must actually complete the disposition of the
    subject matter in favour of the intended donee or execute a formal “deed of gift”.
    Only then can a volunteer or donee enforce it. Intention not to be mistakenly
    inferred, must be joined by action.

    2. The said donation is construed in law as a gift inter vivos. In the case of The
    Registered Trustees of Kampala Archdiocese v Nabitete Nnume Mixed
    Co-operative Farm Limited(HCCSNO.1559/2000)[2017]UGHCLD 4;

    It was held that a gift intervivos is defined in Black’s Law Dictionary8 thEdition
    at page 710 as;

    “…a gift of personal property made during the donor’s lifetime and delivered to
    the donee with the intention of irrevocably surrendering control over the
    property.”Following the decision in Joy Mukobe vs. Willy Wambuwu HCCA
    No. 55 of2005, the court held that;“…for a gift intervivos to take irrevocable
    root, the donor must intend to give the gift, the donor must deliver the property,
    and the donee must accept the gift.

    Delivery of the gift must be actual or constructive made during the donor’s lifetime
    in a manner that depicts that the donor has stripped themselves of all dominion
    over the gift. See for example my decision in Namugambe Balopera & Ors Vrs
    Frederick Njuki & Anor HCCS No. 341/2013 (unreported).And to illustrate
    that point further, Todd & Watts In Cases &Materials on Equity & Trusts
    3rdEd at130 states as follows
    For a gift to be perfect, the donor must actually complete the disposition o
    the subject matter in favour of the intended donee or execute a formal “deed
    of gift”. Only then can a volunteer or donee enforce it. Intention not to be
    mistakenly inferred, must be joined by action.

    There appears to have been no contention from Mubiru and Lunkuse that the suit
    land was sold to Kaliisa and that Mubiru was fully aware of it. His contention was
    that Namusoke had previously given him a portion of it, showed him the
    boundaries during1994,and allowed him to construct on it and reside there with his
    family, which he did. Infact, the evidence that Mubiru constructed on the suit land
    was not seriously challenged in cross examination and it wasDW3’s testimony that
    in 2006 when Namusoke

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