Egbaiyelo v Egbaiyelo [2002] EWCA Civ 454 (18 March 2002)

Egbaiyelo v Egbaiyelo [2002] EWCA Civ 454 (18 March 2002)

The judge erred in treating the applications as requiring permission to appeal in family proceedings, where an appeal lies as of right. The lack of reasons for dismissing the residence application and the close connection to the property issues require the appeals to be allowed and the matters remitted for full rehearing.

Citation
[2002] EWCA Civ 454
Parties
Petitioner/respondent: Fumuola Ossai Joyce Egbaiyelo; Respondent/applicant: Olusegun Ayodele Egbaiyelo
Jurisdiction
England and Wales
Judgment Date
18 March 2002
Procedural Posture
Family Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal allowed; matter remitted for rehearing
Legal Topics
Appeals in Family Proceedings, Ancillary Relief, Residence Orders, Disclosure of Children's Whereabouts, Permission to Appeal, Jurisdictional Error
Family Law Civil Procedure Appeals in Family Proceedings Ancillary Relief Residence Orders Disclosure of Children's Whereabouts Permission to Appeal Jurisdictional Error

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Parties

Fumuola Ossai Joyce Egbaiyelo

Petitioner/respondent

Olusegun Ayodele Egbaiyelo

Respondent/applicant

Procedural Posture

Family Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether permission to appeal is required in family proceedings from a district judge's order
  2. 2 Whether the judge erred in dismissing applications for residence and disclosure of children's addresses without proper consideration
  3. 3 Whether the dismissal of ancillary relief applications precludes further applications regarding the matrimonial home

Ratio Decidendi

The judge erred in treating the applications as requiring permission to appeal in family proceedings, where an appeal lies as of right. The lack of reasons for dismissing the residence application and the close connection to the property issues require the appeals to be allowed and the matters remitted for full rehearing.

Court Disposition

Appeal allowed; matter remitted for rehearing

Orders

  • Appeals against Judge Coningsby's order allowed
  • Matters remitted back for rehearing