I.T. MUHAMMAD, JCA (Delivering the Lead Judgment): Theappellant herein was the plaintiff at the Upper Area Court, Manguno, Borno State. His claim against the respondent, as defendant, was for paternity of a child born by his former wife. He explained further that when he divorced his wife, Zara, she was carrying a five months dormant pregnancy. When Zara contracted a new marriage with the respondent, appellant cautioned her parents and their ward head about the pregnancy. He demanded for the annulment of the new marriage and that Zara should remain in her parents’ house till she delivered. She delivered a baby girl 3 months after the new marriage.
The respondent on his part denied marrying Zara with any pregnancy and that she completed the Iddah period before the new marriage. Zara conceived in respondent’s house 7 months after the marriage. From the date of the marriage to her delivery was sixteen months, he said. So he was the one entitled to the child.
The case proceeded to hearing…