How to Prove Paternity of a Child in Matrimonial Causes
PROOF: How to prove paternity of a child
"I agree with the submission of Duru Esq., that the paternity of a child can be determined by DNA test, as enunciated in the cases of Adeyemi v. Abayomi (2002) FWLR (Pt. 132) P. 136, but, DNA is not the only way to determine the paternity of a child.
Section 165 of the Evidence Act provides thus: "Without prejudice to Section 84 of the Matrimonial Causes Act where a person was born during the continuation of a valid marriage between his mother and any man or within 280 days after dissolution of the marriage, the mother remaining unmarried the Court shall presume that the person in question is the legitimate child of that man."
In Ellimeze v. Ellimeze (1969) 1 All NLR page 301 @ 307, it was held that "Section 165 of the Evidence Act means no more than what it says"
Per BDLIYA, J.C.A.