S.L. 460.40 Art. 6Early dismissal.    Cap. 12.

(1) The Court may at the preliminary hearing and after hearing the parties and such evidence as it deems necessary, dismiss the case if it is satisfied that the claim is manifestly unfounded:

Provided that:

(a) the burden of proving that the claim is well-founded rests on the plaintiff who filed the case;

(b) in such cases it shall rest upon the plaintiff to substantiate the claim to the extent that it enables the court to evaluate if the claim is not manifestly unfounded; and

(c) having due regard of the circumstances of the case, the right to an effective remedy and the right to a fair trial, a claim under this article shall be treated in an accelerated manner.

(2) The Court’s decision under sub-article (1) shall be subject to appeal in accordance with the provisions regulating appeals in the Code of Organization and Civil Procedure or in any other applicable law.