HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the interlocutory decision of Hon. Justice C.A. Emembolu of the High Court of Anambra State delivered on 18/11/13. On the 29th February 2012, the Plaintiff (Respondent herein) commenced suit No. A/65/12 against the Defendant (Appellant herein) in the High Court of Anambra State, sitting at Awka Judicial Division by filing a writ of summons claiming for:
a) Two (2) Million Naira damages for malicious prosecution.
b) Two (2) Million Naira damages for false imprisonment.
The Appellant filed a memorandum of appearance and statement of defence on 9th May 2013. On the 5th July 2013, the Appellant filed a motion on Notice for An order striking out or dismissing the plaintiffs suit for non-disclosure of cause of action, incompetence, abuse of Court process, and lack of jurisdiction of the honourable court to entertain same.
The motion on notice was supported by a 12 paragraph affidavit, and a written a…