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(2021) JELR 109644 (CA)

Court of Appeal  •  CA/B/373/2010  •  26 Mar 2021  •  Nigeria

Oyebisi Folayemi Omoleye, JCA Biobele Abraham Georgewill, JCA Frederick Oziakpono Oho, JCA


FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This Appeal is against the judgment of the High Court of Edo State, Ubiaja Judicial Division (hereinafter referred to as: "the Court below") Coram: R. I. AMAIZE, J delivered on the 30th day of March, 2010 dismissing the claims of the Appellant and granting the counter claim of the Respondent who was defendant at the Court below.

The fact of this case in a nut-shell is that the Plaintiff now Appellant before this Court brought an action against the Respondent. The Appellant at the Court below in her Amended statement of claim averred that her father Hon, J. O. Odigie who died in January, 1986 had 43 children in his life time and six wives together with a mistress by the name Agnes Eki who begat the Respondent herein and Paulina begat by Agnes for Hon. J. O. Odigie, father of the Appellant; while the Respondent was begat Agnes for another man before she met with her late father. The late Hon. J. O. Odigie, while alive was…

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