PRACTICE AND PROCEDURE – DOCTRINE OF LIS PENDENS – Purport of the doctrine of lis pendens


“It must be observed herein that the rationale and wisdom behind the doctrine of lis pendens is to forestall self-help which may render nugatory the judgment or decision of any Court of competent jurisdiction. This was re-stated by Per Fabiyi, JSC in BFI GROUP CORPORATION V. BUREAU OF PUBLIC ENTERPRISES (2012) LPELR-9339 (SC) (PP. 35 PARAS. B), that “it is being touted that the respondent has taken steps to foist a fait accompli on the Court. The respondent must be made to appreciate the purport of the doctrine of lis pendens which is aimed at preserving the subject matter of litigation. Any extraneous body including Russal which buys the subject of litigation does so at its own risks.” Per UWANI MUSA ABBA AJI, JSC in NIDB & ANOR v. KAN BISCUITS CO. LTD (2022-LCER-46534-SC) (Pp 7 – 7; Paras A – D)

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