Court dismisses Iyabo Ojo’s N1b defamation suit against Anjorin

Justice Olabisi Akinlade of a Lagos High Court sitting in Ikoyi has dismissed the N1 billion defamation suit filed by Nollywood actress, Iyabo Ojo, against her colleague, Lizzy Anjorin.

The judge ruled that the suit was incompetent and therefore dismissed it, awarding N500,000 fine against the claimant’s counsel.

The judge noted that the court would not penalise the claimant for the errors of her counsel.

Ojo, in the suit marked LD/ADR/5292/2023, filed through her counsel, Dr Olabimpe Ajegbomogun, sought several reliefs, including N1 billion damages against Anjorin.

However, Anjorin’s counsel, Ademola Olabiyi, filed a notice of preliminary objection, arguing that the suit failed to comply with pre-action procedures.

The Protocol Form 01 accompanying the Writ of Summons was not signed by the claimant’s counsel.

Olabiyi listed several grounds for the dismissal of the suit, including that the Writ of Summons did not follow the prescribed format outlined in Form 1.

In response to the preliminary objection, Ajegbomogun filed a counter-affidavit and a written address dated June 1, 2024.

During the trial, Anjorin’s lawyer pointed out that the claimant’s Writ of Summons was not signed by her counsel. The court observed discrepancies in the signed documents and the court’s copy, leading to questions about the validity of the Writ of Summons.

Justice Akinlade ruled that the unsigned Writ of Summons rendered the suit invalid, lacking jurisdiction to proceed.

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