A Lagos High Court in Osborne, Ikoyi, has dismissed a N1 billion defamation lawsuit filed by Nollywood actress Iyabo Ojo against fellow actress Lizzy Anjorin, citing procedural irregularities.
Justice Olabisi Akinlade, who presided over the case, struck out the suit on the grounds of incompetence due to fundamental defects in the originating processes. The court also ordered Ojo’s legal representative, Dr. Olabimpe Ajegbomogun, to pay N500,000 in costs to Anjorin’s counsel, Barrister Ademola Olabiyi.
The case, referenced as LD/ADR/5292/2023, involved allegations of defamation, with Ojo demanding N1 billion in damages. However, the defendant’s lawyer, Olabiyi, filed a preliminary objection, arguing that the suit did not comply with the mandatory pre-action protocol requirements as stipulated by the Lagos State High Court Civil Procedure Rules.
A key flaw identified was the absence of a validly signed Statement of Compliance with Pre-Action Protocol (Form 01), which accompanied the Writ of Summons. According to Olabiyi, the document was unsigned by Ojo’s lawyer, making the suit fundamentally defective. He further pointed out that the Writ failed to adhere to the required format and lacked proper endorsement of the reliefs sought.
In addition, the defence noted that a search of the court’s file on April 2, 2024, showed the original Writ of Summons had not been signed. The only version submitted by the claimant in her counter-affidavit was an uncertified photocopy, raising further questions about the authenticity of the filed documents.
In response, Ojo’s counsel maintained that the errors were technical and did not undermine the essence of the suit. She argued that any procedural oversights could be corrected before the commencement of trial.
However, Justice Akinlade disagreed, ruling that the failure to sign the original Writ of Summons at the time of filing was a “fatal defect” that could not be overlooked. The judge upheld the defence’s objection, confirming that the certified copy of the Writ submitted by Anjorin’s team proved it was unsigned when the suit was initially filed and assigned to the court.
Advertisement
