Segun Atanda/
A Lagos High Court sitting in Osborne, Ikoyi, has dismissed the N1 billion defamation suit filed by Nollywood actress Iyabo Ojo against her industry colleague, Lizzy Anjorin, over a technical flaw in court filings.
Justice Olabisi Akinlade delivered the ruling, striking out the case on the grounds that the originating processes, particularly the Writ of Summons, were unsigned at the time of filing, thereby robbing the court of jurisdiction.
“The Writ of Summons which ignited this suit is invalid,” the judge ruled. “This Honourable Court lacks jurisdiction to entertain this suit and I so hold.”
The court also ordered Ojo’s counsel, Dr. Olabimpe Ajegbomogun, to pay N500,000 in costs to Lizzy Anjorin’s lawyer, Barrister Ademola Olabiyi, for the procedural lapse.
The suit, filed under number LD/ADR/5292/2023, sought N1 billion in damages for alleged defamation. But Anjorin’s legal team raised a preliminary objection, arguing that Ojo’s Writ of Summons failed to meet several procedural requirements, including proper formatting, endorsement of reliefs, and a validly signed Statement of Compliance with Pre-action Protocol (Form 01).
According to Olabiyi, a certified true copy (CTC) of the Writ obtained from the court’s file on April 2, 2024, showed that it was unsigned, a fundamental error. He further noted that the claimant’s version of the writ attached to her counter-affidavit was a mere photocopy and not certified, raising concerns about unauthorized access to court documents.
While Ojo’s team insisted the suit complied with the Lagos High Court Civil Procedure Rules 2019, and argued that any error could be amended, Justice Akinlade maintained that a valid writ is central to the court’s jurisdiction.
“The evidence of the Commissioner for Oaths further strengthens the position of this Honourable Court,” she said, confirming that the unsigned writ was on record when the case was first assigned.
In a carefully reasoned judgment, Justice Akinlade concluded that the entire case was “incompetent” and therefore dismissed it.
The legal defeat marks a significant turn in the ongoing feud between the two actresses, whose public spat had generated social media buzz and industry-wide attention.
While the courtroom battle may have ended, at least for now, the legal technicality that doomed Ojo’s suit underscores the high cost of procedural missteps in civil litigation.
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Best of friends turn to enemy and stared sueing each other,I don’t know what the Elders in their industry is doing to talk to both parties.