MAIDAMA, JCA (Delivering the Leading Judgment): This appeal arose from an action filed by the present appellant, in the Upper Area Court at Otukpo, where his claim was for the return of the disputed child -Echeja and the sum of Two Thousand Naira (₦2,000.00) as damages for defaming the character of the said child.
At the trial of the action, both parties were allowed to call witnesses in support of their respective cases. All the witnesses who were called by the appellant were related to the mother of the disputed child and in their testimonies, they confirmed that the 2nd defendant had three children with the deceased, including the disputed child. While the respondent and the mother of the disputed child, who was the 2nd defendant at the trial, gave evidence and called one witness who was the senior sister of the 2nd defendant.
At the end of the hearing, the sole Judge of the trial Upper Area Court, Mr. J.O. Achede, in a considered judgment, delivered by him on the 6th July 1984, di…