A Lagos High Court sitting in Osborne, Ikoyi, has dismissed a N1 billion defamation suit filed by Nollywood actress Iyabo Ojo against her colleague, Lizzy Anjorin.
Justice Olabisi Akinlade, who presided over the matter, held that the suit was incompetent due to procedural defects and a fundamental flaw in the originating processes.
The court also ordered Ojo’s lawyer, Dr. Olabimpe Ajegbomogun, to pay N500, 000 to Anjorin’s lawyer, Barrister Ademola Olabiyi.
The case, marked LD/ADR/5292/2023, was instituted by Iyabo Ojo, who sought N1 billion in damages for alleged defamation.
However, Anjorin’s counsel, Olabiyi, filed a preliminary objection, arguing that the suit failed to comply with mandatory pre-action protocols required under the Lagos State High Court Civil Procedure Rules.
Key among the objections was that the Statement of Compliance with Pre-Action Protocol (Form 01) accompanying the Writ of Summons was unsigned by Ojo’s counsel.
Olabiyi contended that this omission rendered the suit null and void. He also highlighted that the Writ itself did not strictly follow the format prescribed by the court rules and lacked proper endorsement of the reliefs sought.
The defence further submitted that the unsigned documents in the court file and the absence of a Certified True Copy (CTC) raised concerns about the legitimacy of the processes filed by Ojo.
Olabiyi noted that a search of the court file on April 2, 2024, revealed that the original copy of the Writ was unsigned and that the copy filed by the claimant in her counter-affidavit was an uncertified photocopy.
In response, Iyabo Ojo’s counsel argued that the procedural objections did not affect the substance of the suit and urged the court to discountenance the technicalities raised by the defence.
The counter-affidavit claimed the Writ was properly signed and that any errors could be amended before the trial commenced.
However, Justice Akinlade ruled that the failure to sign the original Writ of Summons at the time of filing was a fatal defect.
The judge noted that the certified copy obtained by Anjorin’s counsel confirmed that the Writ was unsigned when the suit was filed and assigned to the court.
