ITA G. MBABA, JCA (Delivering the Leading Judgment): This is an appeal against the interlocutory decision of the trial Court in Suit No. HOG/1/2012, delivered on 7/11/2012 by Hon. Justice Goddy Onunihu, dismissing the application by the Appellant for:
(1) An Order setting the suit down for an order of Court referring the parties to a DNA test and
(2) To issue bench warrant for the arrest and detention of the 1st and 2nd defendants for their failure to react or respond to this suit, as prescribed in the High Court Rules...
Appellant, in the main suit filed on 24/1/2012, had prayed for:
(1) A declaration of paternity of the 2nd Defendant to wit: That the claimant is the father of the 2nd Defendant born in 1957 by the 1st Defendant, by reference of the parties to a laboratory for a DNA test and judicial pronouncement made of the result thereof
(2) Consequential order directed to the 2nd Defendant to change to the surname of his Native father, Id est, Anozia Onowu of Umuosu Quarters of Og…