Suppo v Jhundoo

Deed – Purchase of property. Following the breakdown of her marriage to her then husband (the respondent), the appellant sought a declaration that she was the beneficial owner of certain property, and relied on a deed made by the parties in 2001. The respondent argued unsuccessfully before the judge that the 2001 deed was inadmissible because it had been obtained by undue pressure. The judge found that an earlier deed (the purchase deed), which recorded the respondent as the purchaser of the property, was tainted by illegality. The Court of Appeal of Mauritius allowed the respondent's appeal and held that the 2001 deed was not a valid 'contre lettre' and that the purchase deed was not tainted with illegality. The Privy Council, in allowing the appellant's appeal, held that nothing in the Court of Appeal's decision had impugned the factual basis on which the judge had found that the purchase of the property had been tainted by illegality, and that the Court of Appeal had been wrong to decide otherwise. Accordingly, the appeal was allowed and the judge's order for the sale of the property was restored.

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