Abstract
The applicant was seeking a declaration that the respondent was the father of her minor child. While the matter was still pending, she sought an order compelling the respondent to submit himself to a blood test to determine whether he could be excluded as the possible father. She submitted that the court's inherent jurisdiction to regulate its own procedure extended to the compulsory ordering of a blood test. The respondent contended that the court lacked the statutory power to make such an order since the Children's Status Act, 1987, section I merely created a presumption of paternity where it was proved that sexual intercourse with the mother had occurred at any time when the child could have been conceived, while section 2 provided that where a party failed to submit to a blood test in paternity proceedings it would be presumed that such refusal was aimed at concealing the truth. He also contended that if such power existed, it contravened sections 11 and 13 of the 1993 Constitution.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.