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ANOZIA
V.
UWAKWE & ANOR

(2016) JELR 36893 (CA)

Court of Appeal 14 Apr 2016 Nigeria
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- The Appellant commenced suit in the Magistrate Court, Imo State, in 2008, seeking a declaration of paternity over a foetus allegedly carried by the 1st Respondent, claiming the 1st Respondent was attempting to misattribute paternity to an

Case Details

Suit Number:CA/OW/102/2012
Judges:ITA GEORGE MBABA JCA PETER OLABISI IGE JCA FREDERICK OZIAKPONO OHO JCA
Counsel:Tony Anozia appeared in person; O. I. Onyeoyibo, Esq. with him, S.C. Ohanyere, Esq. and N. S. Umoren, Esq. For the Respondent.

FREDERICK OZIAPKONO-OHO, J.C.A. (Delivering the Leading Judgment): What lies at the core of the dispute between the parties to this Appeal is the issue of ownership. Ownership, not for some Real property or Intangible Personal Property and its equivalents or simply Tangible personal Property, but for claims relating to the paternity of an unborn foetus. There are eleven (11) issues nominated from eleven (11) Grounds of Appeal, A conglomeration of complex legal issues and precepts are raised for the Court's determination ranging from such threshold issues as Jurisdiction to fiercely fought Paternity claims. The matter was first commenced on the 22-12-2008 at the Magistrates' Court, Imo State, sitting at Oguta Magisterial District, where the Appellant as Plaintiff claimed against the Respondents as Defendants as follows;

"The Plaintiff claims Paternity of the foetus being carried by the 1st Defendant and which she is Donating to the Yet to be disclosed 2nd Defendant in order to entice hi…

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