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ADEKUNLE ADEBAYO V. STELLA ADENIKE ALABI

(2020) JELR 111376 (CA)

Court of Appeal  •  CA/A/333/2018  •  5 Jun 2020  •  Nigeria

Coram
STEPHEN JONAH ADAH JCA YARGATA B. NIMPAR JCA MOHAMMED BABA IDRIS JCA

Appearances
E.I. Esene Esq., with ljeoma Madu Esq., and Ambrose Okhiria Esq., for the Appellant; M.I. Komolafe Esq., with Usman Mohammed Esq., for the Respondent.

Judgement

STEPHEN JONAH ADAH, JCA (Delivering the Leading Judgment): This appeal is against the decision of the High Court of the Federal Capital Territory, Abuja, delivered on 13/03/2018 by C.U. Ndukwe, J.

The Respondent who was the Claimant at the trial court took out a Writ of Summons claiming the following reliefs:

a. An order compelling the Defendant to resume paternal responsibilities (education, feeding and show of love) over his daughter by name Oluwatunmise Annuluwapo Adebayo born on 16th February, 2004) henceforth.

b. General damages of N5,000,000.00 (Five Million Naira) for the mental torture, trauma and negligent refusal to cater for their daughter since few months after birth till date.

c. Apology.

d. Any other order or orders the Honourable Court may deem fir to make in the circumstance of this case.

The parties joined issues by filing their pleadings. The Respondent later filed a Motion to withdraw the suit from the court.

The trial court on the basis of that application struck …

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