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ALHAJI MODU MAIWAKE V. GONI MODU & ANOR.

(2006) JELR 35485 (CA)

Court of Appeal  •  CA/J/258S/98  •  11 Jul 2006  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JCA; ABUBAKAR ABDULKADIR JEGA JCA; MOHAMMED LADAN TSAMIYA JCA;

Judgement

I.T. MUHAMMAD, JCA (Delivering the Leading Judgment): The original statement of claim stated by the plaintiff, who is the appellant before this court, against the defendants who are respondents herein is reproduced hereunder:

"I Alhaji Modu Maiwake, I am suing Goni Modu and Alhaji Yahaya to collect my son from them. There is my wife called Zara which Alhaji Yahaya is her Wali (representative). We were together with Zara she got pregnant, the pregnancy and I divorced her then Goni Modu married her after marrying her with five (5) months twenty eight (28) days remain two (2) days to complete six (6) months she delivered. I got the information and I went to her Wali (representative) that is Alhaji Yahaya I told him that I learned that Zara has delivered have you count the days, he said no he didn't.

Then I asked him whether you have asked them he said let me go and asked them in the house, then he stood up and entered the house and he asked them and returned and told me that today is 6 m…

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