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SHAMANG
V.
SHAMANG

(2018) JELR 39227 (CA)

Court of Appeal 9 Mar 2018 Nigeria
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- The appeal is against the ruling of the High Court of Kano State delivered on December 5, 2016. - The respondent sought the determination of several questions regarding the paternity of the plaintiff and the need for DNA testing. - The ap

Case Details

Suit Number:CA/K/13/2017
Judges:UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria OLUDOTUN ADEBOLA ADEFOPE-OKOJIE Justice of The Court of Appeal of Nigeria AMINA AUDI WAMBAI Justice of The Court of Appeal of Nigeria
Counsel:B. E. Gwadah with him,Y. J. Imam For Appellant C. O. S. Oshomegie For Respondent

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A.(Delivering the Leading Judgment): The appeal of the Appellant, who was the Defendant at the lower Court, is against the Ruling of the High Court of Kano State delivered by Hon. Justice Mohammed Yahaya on 5th December 2016.

The facts giving rise to this appeal, are that the Respondent, as Plaintiff before the lower Court, had, by an unusual Originating Summons, sought the determination of the following questions:

1. Whether having regard to Exhibits OOC1, OOC2, OOC3, OOC4, OOC5, OOC6, OOC7, OOC8 and OOC9 herein attached to this Summons, is the defendant not the biological father of the Plaintiff?

2. Whether having regard to the said Exhibits OOC1, OOC2, OOC3, OOC4, OOC5, OOC6, OOC7, OOC8 and OOC9, are Exhibits OOC10 and OOC11 herein attached to this Summons and the Defendants assertion at this twilight of his existence that the Plaintiff is not his biological son, not a product/a procreation of an impaired mind, mental incapacity or crass psycho def…

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