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Justice Olabisi Akinlade of the Lagos State High Court, Osborne Division, has dismissed a ₦1 billion defamation lawsuit filed by Nollywood actress Iyabo Ojo against fellow actress Lizzy Anjorin, citing procedural irregularities.
The court also imposed a ₦500,000 fine on Ojo’s lawyer, Dr. Olabimpe Ajegbomogun, ordering that it be paid to Anjorin’s counsel, Ademola Olabiyi.
The lawsuit, filed under suit number LD/ADR/5292/2023, sought ₦1 billion in damages for alleged defamatory remarks made by Anjorin. However, Anjorin’s legal team challenged the validity of the case by filing a preliminary objection, arguing that the suit failed to comply with mandatory pre-action protocols.
“The Writ of Summons was fundamentally defective; the Statement of Compliance with Pre-action Protocol Form 01 was not signed by the claimant’s counsel, which nullifies the entire action,” Olabiyi argued.
He also pointed out that a court file search conducted on April 2, 2024, confirmed the Writ of Summons was both unsigned and undated. “Even a search conducted in the court’s file on April 2, 2024, confirmed that the court’s copy of the Writ of Summons was unsigned and undated,” he said.
In response, Ojo’s legal team submitted a 14-paragraph counter-affidavit claiming that all rules were followed and that the writ had been “duly signed” by Dr. Ajegbomogun.
“There is nothing in the objection that affects the substance of this case or the jurisdiction of this Honourable Court,” she argued, adding that “any errors can be corrected before trial begins.”
But Anjorin’s counsel challenged the authenticity of the documents provided by Ojo’s team, arguing they were uncertified photocopies and questioning how a signed version of the writ was obtained without any formal request for a certified true copy.
“It is curious how the claimant assessed the court’s file to obtain and now present a version of the Writ that appears signed without any record of an application for a Certified True Copy,” Olabiyi noted.
Delivering her ruling, Justice Akinlade agreed with Anjorin’s counsel, declaring: “Having carefully examined all the processes, this court finds that the original Writ of Summons in the court’s file was not signed by the claimant’s counsel at the time the suit was filed.”
She added, “The Commissioner for Oaths confirmed that the writ was unsigned when the file was first assigned to this court. That alone is fatal to the case. An unsigned writ is invalid and robs the court of jurisdiction.”
On the issue of penalties, the judge made it clear that the error lay with counsel, not the claimant. “The court will not visit the sin of counsel on the claimant. Consequently, a cost of N500,000 is awarded in favour of the defendant, to be paid by the claimant’s counsel.”
“In the final analysis, I hereby adjudge that this suit is incompetent and it is hereby dismissed,” Justice Akinlade concluded.
#IyaboOjo
#LizzyAnjorin
#Defamation
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