A Lagos High Court sitting in Osborne, Ikoyi, has struck out a N1 billion defamation lawsuit filed by Nollywood actress Iyabo Ojo against fellow actress Lizzy Anjorin. Justice Olabisi Akinlade dismissed the case on the grounds of procedural irregularities and fundamental defects in the originating court documents.
In a ruling delivered on the matter (Suit No: LD/ADR/5292/2023), the court found that the case lacked competence due to the failure to comply with essential pre-action protocols as required under the Lagos State High Court Civil Procedure Rules. As a result, the court also ordered Ojo’s legal representative, Dr. Olabimpe Ajegbomogun, to pay N500,000 in costs to Anjorin’s counsel, Barrister Ademola Olabiyi.
Anjorin’s legal team had filed a preliminary objection, arguing that the accompanying Statement of Compliance (Form 01) was unsigned, and that the Writ of Summons did not conform to the prescribed court format or properly outline the reliefs sought. These procedural missteps, the defence argued, rendered the suit invalid from the outset.
Olabiyi further told the court that a file inspection on April 2, 2024, revealed that the original Writ was unsigned, and the claimant’s counter-affidavit relied on an uncertified photocopy, raising questions about the authenticity of the filings.
Ojo’s lawyer, however, maintained that the technical objections were not sufficient to derail the case and argued that any minor errors could be corrected through amendments before the substantive trial.
Nonetheless, Justice Akinlade held that the unsigned Writ of Summons at the time of filing constituted a fatal flaw that invalid
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