Cisse v Diene & Anor [2024] EWHC 1717 (Ch) (04 July 2024)

Cisse v Diene & Anor [2024] EWHC 1717 (Ch) (04 July 2024)

The court found that Mr Cissé reposed trust and confidence in Mr Diene, that the Declaration of Trust was procured by undue influence without proper understanding by Mr Cissé, and that Mr Diene failed to rebut the presumption of undue influence. The Declaration of Trust was set aside. Mr Cissé was found to be the sole beneficial owner of the properties. The defendants were ordered to account for rents, profits, and transactions on Mr Cissé's bank accounts.

Citation
[2024] EWHC 1717 (Ch)
Parties
Claimant: Papiss Demba Cissé; First Defendant: Sandra Diene; Second Defendant: Madou Diene
Jurisdiction
England and Wales
Judgment Date
04 July 2024
Procedural Posture
Chancery Division Business and Property Courts / Post Trial Judgment
Outcome
Claim allowed in full for the claimant.
Legal Topics
Undue Influence, Declaration of Trust, Beneficial Ownership, Agency, Forgery, Accounting for Profits, Possession Proceedings, Remedies
Equity and Trusts Property Law Contract Law Civil Procedure Undue Influence Declaration of Trust Beneficial Ownership Agency +4 more

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Parties

Papiss Demba Cissé

Claimant

Sandra Diene

First Defendant

Madou Diene

Second Defendant

Procedural Posture

Chancery Division Business and Property Courts / Post Trial Judgment

Legal Issues

  1. 1 Whether the Declaration of Trust should be set aside for undue influence
  2. 2 Whether Mr Cissé is the sole beneficial owner of 3 Riverside Lodge and 16 Packsaddle Park
  3. 3 Whether Mr Diene acted as agent and misappropriated funds or property

Ratio Decidendi

The court found that Mr Cissé reposed trust and confidence in Mr Diene, that the Declaration of Trust was procured by undue influence without proper understanding by Mr Cissé, and that Mr Diene failed to rebut the presumption of undue influence. The Declaration of Trust was set aside. Mr Cissé was found to be the sole beneficial owner of the properties. The defendants were ordered to account for rents, profits, and transactions on Mr Cissé's bank accounts.

Court Disposition

Claim allowed in full for the claimant.

Orders

  • Declaration that Mr Cissé is sole beneficial owner of 3 Riverside Lodge and 16 Packsaddle Park.
  • Declaration of Trust set aside for undue influence.