COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
PRINCIPAL REGISTRY OF THE FAMILY DIVISION
(MR JUSTICE MUNBY)
(LOWER COURT No. FD05F01009)
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE WILSON
| OLUSA AKINNOYE-AGBAJE
- and -
SIKIRAT ABENI AKINNOYE-AGBAJE
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THE RESPONDENT DID NOT APPEAR AND WAS NOT REPRESENTED.
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Lord Justice Wall:
"The Respondent [that is the wife] failed to prove by evidence her contributions towards their acquisition, the claims in respect of those two properties are refused and dismissed."
"No application for an order for financial relief shall be made under this Part of this Act unless the leave of the court has been obtained in accordance with rules of court; [and I emphasise the following words] and the court shall not grant leave unless it considers that there is substantial ground for the making of an application for such an order."
"At the end of the day the real issue seems to me to be the same as it was when this case was first before me. To paraphrase what I said in my earlier judgment: Is this in truth simply a case where a wife is seeking to have a second bite at the cherry following proceedings in a foreign country which, although not satisfactory from her point of view, and although not as generous from her point of view as comparable proceedings would be in this country, were nevertheless appropriately conducted and which led to a financial order in her favour which can be and has been implemented? Or is it, on the other hand, a case where the circumstances are sufficiently exceptional (using the word in the sense in which it was used by Russell LJ) that, notwithstanding the making of a significant order in her favour by the foreign court, it is nonetheless proper to enable her to pursue a second application in this country?
"In my judgement, this case falls into the latter category. What is, in my judgment, the very considerable discrepancy indeed between the aggregate value of what this court would consider to be the relevant matrimonial assets (some of the most valuable being located in this country) and the very modest amount of the provision made for this wife following a marriage of, I emphasise, 32 years, justifies the conclusion that there is, within the meaning of section 13(1) of the Act, substantial ground for her making this application, If I deny her relief she will suffer hardship -- in my judgment very serious hardship indeed -- being faced, in all probability, with the unenviable choice of either remaining, homeless, in this country, where she is now based and where she wants to stay, or returning to Nigeria."
Lord Justice Wilson:
Order: Application refused.