Agbaje (Respondent) v Akinnoye-Agbaje (FC) (Appellant)

Case summary

Case ID

UKSC/2009/0034

Parties

Appellant(s)

Sikirat Abeni Akinnoye-Agbaje

Respondent(s)

Olusola Akinnoye-Agbaje

Issue

The circumstances in which an order for financial provision in favour of a wife can be made under Part III of the Matrimonial and Family Proceedings Act 1984 where a foreign court has made a prior financial order in the wife's favour in divorce proceedings in the foreign jurisdiction.

Facts

Husband (H) and Wife (W) were both born in Nigeria and married in England in 1967. Both H and W had dual British and Nigerian nationality. There were five children in the family. They returned to Nigeria in 1974 but the children were brought back to England to be educated. H brought a property in London at which to stay while visiting the children. The parties separated in 1999 at which point W set up home in the London property. H launched divorce proceedings in Nigeria and W petitioned for divorce in England and sought ancillary relief including an interest in the London property. The English court refused an anti-suit injunction restraining H's pursuit of the Nigerian proceedings. The Nigerian court granted H a divorce, gave W a life interest in the matrimonial home in Nigeria and awarded her a lump sum as maintenance for life, but refused her claim to an interest in the London property. W then obtained leave to apply for financial relief under the Matrimonial and Family Proceedings Act 1984 and the High Court made an order under which she would receive a lump sum equal to 65% of the proceeds of sale of the London house in return for giving up her life interest in the house in Nigeria.

Date of issue

22 May 2009

Judgment appealed

Judgment details

Judgment date

10 March 2010

Neutral citation

[2010] UKSC 13

Judgment links

Judgment summary

10 March 2010

Appeal

Justices

Lord Phillips

Lord Rodger

Lady Hale

Lord Collins

Lord Kerr

Hearing dates

Full hearing

Start date

3 November 2009

End date

4 November 2009

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