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TONY ANOZIA V. MRS. CHIZOBA UWAKWE & ANOR

(2016) JELR 36893 (CA)

Court of Appeal  •  CA/OW/102/2012  •  14 Apr 2016  •  Nigeria

Coram
ITA GEORGE MBABA JCA PETER OLABISI IGE JCA FREDERICK OZIAKPONO OHO JCA

Judgement

FREDERICK OZIAPKONO-OHO, J.C.A. (Delivering the Leading Judgment): What lies at the core of the dispute between the parties to this Appeal is the issue of ownership. Ownership, not for some Real property or Intangible Personal Property and its equivalents or simply Tangible personal Property, but for claims relating to the paternity of an unborn foetus. There are eleven (11) issues nominated from eleven (11) Grounds of Appeal, A conglomeration of complex legal issues and precepts are raised for the Court's determination ranging from such threshold issues as Jurisdiction to fiercely fought Paternity claims. The matter was first commenced on the 22-12-2008 at the Magistrates' Court, Imo State, sitting at Oguta Magisterial District, where the Appellant as Plaintiff claimed against the Respondents as Defendants as follows;

"The Plaintiff claims Paternity of the foetus being carried by the 1st Defendant and which she is Donating to the Yet to be disclosed 2nd Defendant in order to entice hi…

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