The Enugu State High Court presided over by Justice A.O Onovo struck out, for lack of merit, a suit initiated by the late Debe Odumegwu Ojukwu (who claimed to be the first son of the late Ikemba Nnewi, Dim Chukwemeka Odumegwu Ojukwu) against his window, Mrs. Bianca Ojukwu.
Delivering judgement on the suit which lasted for over two hours, on Wednesday, Justice Onovo held that from all the evidence presented before the court, the plaintiff failed to prove that he was recognised by the late Dim Chukwuemeka Odumegwu Ojukwu as his first son while he was alive.
Vanguard reports the Judge as saying: “it is the prerogative of a man to recognize a child born out of wedlock as his child,” maintaining that acknowledgement of paternity could also be inferred from certain acts by a father towards a purported son, and were not evident in the instant case”.
The plaintiff had averred that he had been recognized by groups, associations and other members of society as a son of the late Dim Chukwuemeka Odumegwu-Ojukwu, but the Judge queried, “Can Public opinion be the sole basis of determining the paternity of a child born out of wedlock? I do not think so.”
The Plaintiff also challenged the validity of the will of Dim Chukwuemeka Odumegwu Ojukwu, citing some typographical errors and signatories, and seeking for a declaration that Dim Chukwuemeka Odumegwu Ojukwu died intestate.
The Court after examination of all the evidence presented before held that the will and codicil were properly and validly made, and valid in the eyes of the law.
On the right of the children of the Plaintiff to challenge Ojukwu’s will, the court held that “in order to have the locus to challenge the will they must first prove that they are the grandchildren of the late Dim Chukwuemeka Odumegwu-Ojukwu, and entitled to the benefits accruing therefrom.
“Since in the suit initiated by the plaintiff, their father, he was unable to prove himself to be a son of the Dim Chukwuemeka Odumegwu Ojukwu, then on what basis would the children of the plaintiff be challenging the will of the latter?
Be the first to comment