The alleged defamation suit filed by Mr Femi Falana (SAN), and his son, Folarin, popularly known as Falz against the controversial online activist, Vincent Otse, popularly called VeryDarkMan (VDM) has been adjourned to 23rd of January, by an Ikeja High Court on Thursday.
When the case was called on Thursday, counsel to Falana and Falz, Mr Muiz Banire (SAN), informed the court that the claimants had filed the originating process and served to the parties.
Banire also said a motion on notice was served on Oct. 25, but Justice Matthias Dawodu said the originating process was not before the court.
The claimant’s counsel, however, prayed the court to adjourn the case to enable him file administrative processes.
“In this circumstance, my lord, the best thing to do is to adjourn the matter so that we can go back to the registry to file all the administrative processes,” Banire said.
In his response, counsel to VeryDarkMan, Mr Marvin Omorogbe, said it had been observed that there was no valid writ of summon before the court.
He, therefore, prayed the court to strike out the lawsuit.
Omorogbe said he did not know how the registry of the court would prepare any administrative process.
He opined that the writ already filed was invalid as it was not before the court.
According to him, the writ bears the same suit number as the preemptive remedy proceedings.
He said, “Preemptive remedy proceedings ends after injunction is granted or refused.
“They have gone ahead to file a writ, using the same suit number as the preemptive remedy proceedings.
“And the court said no, that a fresh writ of summons with a new suit number, needs to be filed.
“At this point my lord, we will be seeking for a date to hear our preliminary objection”.
Omorogbe further urged the court to withdraw a motion dated Oct. 18.
He said the motion was a move to appeal on the ground that the claimants had admitted, there was an issue in respect to the preemptive proceedings.
Justice Dawodu, however, struck out the motion, following no objections from the claimants counsel.
“I will give you a date for hearing because we are talking about a writ that is not before the court,” Dawodu said.
The judge thereafter adjourned the case until Jan.23, 2025 for hearing of the preliminary objections.
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