LAND LAW – LIS PENDENS – Instance(s) where the doctrine of lis pendens will not apply


“…As I pointed out, the doctrine of lis pendens will apply only if the sale was made after the matter was already brought before the Court – Bua V. Dauda (supra). I will also say that the conclusion reached by the two lower Courts that the said doctrine is not available to the Appellants is “unassailable”; it is unquestionable. The Judgment in Exhibit D2 encompassed the documents tendered as Exhibits P2 and D1, and from evidence led, the Respondent’s root of title was traced to Nkwelle Ezunaka Community, while the Appellants’ root of title was traced to Oze Community. By the said Exhibit D2, it is the Oze Community and Isiama Family that have authority over the said Isizue layout, and no other. In other words, the said Exhibit D2 does not strengthen the Appellants claim. It does not prove a better title, thus, the doctrine of lis pendens does not apply.” Per AMINA ADAMU AUGIE, JSC in OHAEGBU & ORS v. REGD TRUSTEES OF THE CAPUCHIN FRIARS MINOR NIGERIA (2022-LCER-46522-SC) (Pp 17 – 18; Paras F – C)

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