Mr and Mrs Agbaje were married for 38 years. Both Nigerian by birth, they had met in England in the 1960s and acquired UK citizenship in 1972. All five of their children were born (and all but one educated) in England, and in 1975 Mr Agbaje bought a property in England called “Lytton Road” in which their children stayed with a nanny. But for the majority of their married life Mr and Mrs Agbaje lived in Nigeria. They separated in 1999, at which point Mrs Agbaje came to live in Lytt ...
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HL decided that a person illegally present in England and Wales under the Immigration Act 1971 could still be habitually resident within the jurisdiction for the purposes of s 5 (2) of the Domicile and Matrimonial Proceedings Act 1973 and have a domicile of choice there, and consequently the English Courts could entertain her divorce petition.
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