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AISHETU MAYAKI & ANOR v. ALHAJI NDA

(1992) JELR 40959 (CA)

Court of Appeal  •  CA/244s/90  •  13 May 1992  •  Nigeria

Coram
UTHMAN MOHAMMED JCA; SANI SALITH AIKAWA JCA; MURITALA AREMU OKUNOLA JCA;

Judgement

OKUNOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Kwara State Sharia Court of Appeal, Ilorin delivered on 21/11/89. The facts leading to this appeal emanated from the Bacita Area Court where the respondent herein sued the 1st appellant claiming the paternity of her twins. On appeal, the Upper Area Court Ilorin ordered a retrial before the Lafiagi Area Court. At the retrial before the Lafiagi Area Court, the Respondent herein as plaintiff called 3 witnesses while the appellant herein called one witness now the 2nd appellant. It will be recalled that before this suit, the 1st appellant had sued the respondent for divorce at the Bacita Area Court which was granted by the court on 28/2/84. A medical report was issued by Shanga Medical Centre on 30/4/84 (i.e during the period of Iddah). Following the divorce, the 1st appellant contracted a new marriage with the 2nd appellant on 3/5/84 and the 1st appellant gave birth to twins on 26/10/84. (Vid…

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