LAND LAW – LIS PENDENS – Meaning of the doctrine of lis pendens; conditions for its application


“Lis pendens means “a pending legal action”, and the principle behind the doctrine is that the subject matter of a Suit should not be transferred to a third party during the pendency of the Suit – see Bua V. Dauda (2003) 13 NWLR (Pt. 838) 657, where this Court listed conditions that must be shown, for the doctrine to apply: (a) That at the time of the sale of the property, the Suit regarding the dispute about the said property was already pending. (b) That the action was in respect of real property; it never applies to personal property. (c) That the object of the action was to recover or assert title to a specific real property; that is to say, an action in a subject matter adverse to the owner in respect of some substantive right, which is proprietary in nature; and (d) That the other party had been served with the originating process in the pending action.” Per AMINA ADAMU AUGIE, JSC in OHAEGBU & ORS v. REGD TRUSTEES OF THE CAPUCHIN FRIARS MINOR NIGERIA (2022-LCER-46522-SC) (Pp 16 – 17; Paras C – A)

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