Somali Democratic Republic v Anoop Sunderial Treon (Civil Appeal 4 of 1988)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The first appellate court must re-evaluate the evidence; the trial judge's failure to expressly reject the appellant's evidence did not show he ignored it, so the evaluation ground failed. The contract of sale was voidable for duress: though exercised by a third party, President Amin, the appellant had procured the contract through Amin's agency, satisfying the rule for avoiding a contract for third-party duress. However, an unregistered transfer operates as a valid contract inter partes, and a voidable contract subsists until set aside; the appellant's possession was therefore lawful and the award of mesne profits could not stand. Appeal allowed in part.

Outcome

Appeal allowed in part; the finding that the sale contract was voidable for duress upheld, but the orders for mesne profits and general damages set aside.

Facts

In 1975 the appellant, the Somali Democratic Republic, agreed to buy a house on Plot 18, Upper Kololo Terrace, Kampala, for its mission from Miss Treon, the respondent's predecessor in title. The agreed price of Shs. 1.2 million was paid and Miss Treon signed a transfer, but the instrument was never registered. The negotiations were conducted with the involvement of President Idi Amin, who had chosen the property, and the Attorney General, who handled the purchase price. Evidence showed Miss Treon feared for her life if she refused to sell, given Amin's notoriety for causing the disappearance of those who displeased him. After Amin's fall in 1979 Miss Treon repudiated the sale and returned half the purchase price, claiming duress and undue influence. The appellant refused to vacate. The respondent sued for trespass and mesne profits; the High Court found for the respondent and awarded mesne profits.

Issues

1. Whether the trial judge erred in failing to consider, assess and weigh the evidence adduced by the appellant.
2. Whether the contract of sale was voidable for duress exercised by a third party (President Idi Amin).
3. Whether the contract was incomplete and voidable for failure to register the transfer under the Registration of Titles Act.
4. Whether the respondent was entitled to recover mesne profits.

Orders

• Appeal allowed in part.
• The order for mesne profits set aside.
• The order for general damages set aside.
• Respondent awarded only half of the costs of the appeal.

Rules and key headnotes

Legislation cited (3)

• Registration of Titles Act s.51
• Registration of Documents Act s.4
• Diplomatic Property and Consular Convention Act

Cases cited (2)

• Souza Figueiredo & Co Ltd v Moorings Hotel Co Ltd [1960] EA 925
• Lynch vs. D.P.P. of Northern Ireland

Cases citing this judgment (3)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Yukio Investment Company Limited v Administrator General and Another (Civil Suit No. 271 of 2018) followed
• Kalani v Kaur (Civil Appeal 22 of 1995)
• Stephen Kalani v Satwant Kaur [1996] UGSC 16

The original judgment as reported. Read the original PDF before relying on any passage.