Papiss Demba Cisse v Sandra Diene & Anor

Papiss Demba Cisse v Sandra Diene & Anor

The Declaration of Trust was set aside for undue influence as Mr Cissé reposed trust and confidence in Mr Diene, did not understand the document, and the transaction called for an explanation. Mr Diene failed to rebut the presumption of undue influence and also exercised actual undue influence. Mr Diene’s evidence regarding beneficial ownership and the acquisition of 16 Packsaddle Park was rejected; the transfer documents were found to be forged. Mr Diene breached fiduciary duties as agent and must account for transactions and profits derived from 3 Riverside Lodge.

Parties
Claimant: Papiss Demba Cissé; First Defendant: Sandra Diene; Second Defendant: Madou Diene
Jurisdiction
England and Wales
Judgment Date
07 April 2024
Procedural Posture
Civil / Judgment After Trial
Outcome
Declaration of Trust set aside for undue influence; declaration that Mr Cissé is sole beneficial owner of 3 Riverside Lodge; order for account of transactions and profits; further directions and relief reserved.
Legal Topics
Undue Influence, Declaration of Trust, Beneficial Ownership, Forgery, Fiduciary Duties, Account of Profits, Abuse of Process
Equity Trusts Property Law Agency Undue Influence Declaration of Trust Beneficial Ownership Forgery +3 more

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Parties

Papiss Demba Cissé

Claimant

Sandra Diene

First Defendant

Madou Diene

Second Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the Declaration of Trust should be set aside for undue influence
  2. 2 Whether Mr Cissé held 3 Riverside Lodge and 16 Packsaddle Park on trust for Mr Diene
  3. 3 Whether Mr Diene forged documents relating to 16 Packsaddle Park

Ratio Decidendi

The Declaration of Trust was set aside for undue influence as Mr Cissé reposed trust and confidence in Mr Diene, did not understand the document, and the transaction called for an explanation. Mr Diene failed to rebut the presumption of undue influence and also exercised actual undue influence. Mr Diene’s evidence regarding beneficial ownership and the acquisition of 16 Packsaddle Park was rejected; the transfer documents were found to be forged. Mr Diene breached fiduciary duties as agent and must account for transactions and profits derived from 3 Riverside Lodge.

Court Disposition

Declaration of Trust set aside for undue influence; declaration that Mr Cissé is sole beneficial owner of 3 Riverside Lodge; order for account of transactions and profits; further directions and relief reserved.

Orders

  • Declaration of Trust set aside for undue influence
  • Declaration that Mr Cissé is sole beneficial owner of 3 Riverside Lodge