The position of the law on the determination of PATERNITY in Nigeria as espoused by the COURT OF APPEAL, Per Mbaba, JCA in the case of TONY ANOZIA V. MRS. PATRICIA OKWUNWA NNANI & IGNATIUS "NNANI" (2015) 8 NWLR (PT. 1461) 241. FACTS OF THE CASE. The facts of the case which is otherwise known as ANOZIA V. NNANI are that the Appellant filed a suit against a married woman (the 1st Respondent) and her son (the 2nd Respondent) seeking for a declaration of the paternity of the 2nd Respondent. His case was that he had sexual intercourse with the 1st Respondent sometime in 1957, at a time when the 1st Respondent’s husband was terminally ill and incapable of performing sexual acts. The Respondents denied the claims. While the matter was yet to be tried, the Appellant filed an application seeking for an order of court referring parties for a DNA test. The trial court refused the application on the ground that granting same would amount to allowing the Appellant to use the interlocu