CaseLaw
This is an appeal against the (Ruling of 14th February, 1997 in which the court below ordered stay of proceedings on the ground that the suit is incompetent. The appellant as plaintiff in the suit claimed damages for false imprisonment and injury to feelings and loss of reputation. The respondent filed a motion for dismissal of the suit for constituting an abuse of court process and stay of further proceedings pending the determination of the criminal matter arising from the complaint in the suit.
The learned trial Judge in his ruling, ordered as follows:
"In conclusion I wish to state that having regard to the facts disclosed in the amended statement of claim which I have herein above summarised, and the existing laws of Anambra State mentioned in this proceedings which the court can take judicial notice by virtue of the proceedings of section 74 of Evidence Act 1990 I am satisfied that this suit is incompetent. Further proceedings in the suit is therefore stayed."
Dissatisfied, the appellant filed an appeal.