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ELDER TAKAI AGANG SHAMANG V. KALAT TAKAI AGANG SHAMANG

(2018) JELR 39227 (CA)

Court of Appeal  •  CA/K/13/2017  •  9 Mar 2018  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA; AMINA AUDI WAMBAI JCA;

Appearances
B. E. Gwadah with him,Y. J. Imam For Appellant C. O. S. Oshomegie For Respondent

Judgement
<p>OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A.(Delivering the Leading Judgment): The appeal of the Appellant, who was the Defendant at the lower Court, is against the Ruling of the High Court of Kano State delivered by Hon. Justice Mohammed Yahaya on 5th December 2016.</p><p>The facts giving rise to this appeal, are that the Respondent, as Plaintiff before the lower Court, had, by an unusual Originating Summons, sought the determination of the following questions:</p><p>1. Whether having regard to Exhibits OOC1, OOC2, OOC3, OOC4, OOC5, OOC6, OOC7, OOC8 and OOC9 herein attached to this Summons, is the defendant not the biological father of the Plaintiff?</p><p>2. Whether having regard to the said Exhibits OOC1, OOC2, OOC3, OOC4, OOC5, OOC6, OOC7, OOC8 and OOC9, are Exhibits OOC10 and OOC11 herein attached to this Summons and the Defendants assertion at this twilight of his existence that the Plaintiff is not his biological son, not a product/a procreation of an impaired mind, mental incapacity or crass psycho def…</p>

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