JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal is from the judgment of the High Court of Justice of Lagos State (the Court below) whereby it adjudged the appellant the biological daughter of a Mr. Christopher Hocquart based principally on the premise that the appellant's mother lived under the same roof with Mr. Christopher Hocquart.
The case was initiated by originating summons. The grain of the dispute was to determine the beneficiary of the estate of one Mr. Theophilus Hocquart (deceased) and the quantum of entitlement thereof either absolutely or in what share and proportion to any property of the deceased who died intestate which dovetailed also into the issue of the paternity of the only child of the deceased.
The Court below discovered that the affidavit evidence was conflicting on material issues. Based on the discovery the Court below heard oral evidence from the parties and resolved the materially conflicting affidavit evidence on the oral evidenc…