Waiwaiku v Waiwaiku

Waiwaiku v Waiwaiku

There was no evidence to support the wife's allegations of concealed assets or under-declared income. The lower court's revocation of the lump sum order was correct, as lump sums should be paid from available capital, which was not present. No important point of principle or practice was raised to justify a second appeal.

Parties
Appellant/respondent: Kokulo Nyanpee Waiwaiku; Respondent/applicant: Leona Viki Waiwaiku
Jurisdiction
England and Wales
Judgment Date
14 January 2004
Procedural Posture
Civil Appeal / Application for Permission to Appeal (second Appeal)
Outcome
application for permission to appeal dismissed
Legal Topics
Ancillary Relief, Lump Sum Order, Periodical Payments, Financial Disclosure, Appeals Procedure
Family Law Ancillary Relief Lump Sum Order Periodical Payments Financial Disclosure Appeals Procedure

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Parties

Kokulo Nyanpee Waiwaiku

Appellant/respondent

Leona Viki Waiwaiku

Respondent/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether the lower court erred in revoking the lump sum order of £30,000 in ancillary relief
  2. 2 Whether there was sufficient evidence of non-disclosure or concealment of assets by the husband
  3. 3 Whether there is an important point of principle or practice to justify a second appeal

Ratio Decidendi

There was no evidence to support the wife's allegations of concealed assets or under-declared income. The lower court's revocation of the lump sum order was correct, as lump sums should be paid from available capital, which was not present. No important point of principle or practice was raised to justify a second appeal.

Court Disposition

application for permission to appeal dismissed

Orders

  • applications for permission to appeal and a stay of execution refused
  • Mrs Waiwaiku to be supplied with a copy of the judgment at public expense