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BENEDICT OJUKWU v. LOUISA CHINYERE OJUKWU & ANOR

(2000) JELR 43916 (CA)

Court of Appeal  •  CA/E/95/99  •  21 Jun 2000  •  Nigeria

Coram
EUGENE CHUKWUEMEKA UBAEZONU JCA JOHN AFOLABI FABIYI JCA MUSA DATTIJO MUHAMMAD JCA

Judgement


UBAEZONU, J.C.A. (Delivering the Leading Judgment): This appeal arose out of the ruling of an Nnewi High Court presided over by Ononiba J. The appellant as the plaintiff in the lower court. He sued the 1st respondent claiming as follows:-

1. A declaration that the said Late Christopher Ojukwu is not the father of the 2nd defendant.

2. A declaration that the said Late Christopher Ojukwu died leaving only three female issues as between him and the 1st defendant.

3. A declaration that the 2nd defendant is not a member of the Ojukwu family of Okpuno Ebenator Uruagu Nnewi, and cannot inherit therefrom.

4. An order of injunction restraining the defendants either by themselves, agents or privies from insisting that the 2nd defendant is a member of the Ojukwu's family of Okpuno Ebenator, Uruagu Nnewi and should inherit therefrom.

The 2nd respondent who is the son of the 1st respondent was later joined as the 2nd defendant. The 1st respondent was formerly married to the full brother of the ap…

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