lis pendens

This is the jurisdiction, power or control acquired by a court over a property while a legal action is pending. The doctrine gives notice to persons by way of warning that a particular property is the res of litigation and a person who acquires any interest in it will be subjected to the decision of the court on the property. See ECOBANK (Nig) Plc. V. Gusau (2013) All FWLR (Pt. 699) 1220 pp. 1233-1234, paras D-A; Dare V. Gusau (2013) All FWLR (Pt. 690) 1440 p.1451; paras. C-G; Ogunsola V. National Insurance Corporation (1991) 4 NWLR (Pt. 188) 762; Enyibros Foods Processing Company Limited V. Nigeria Deposit Insurance Corporation (2007) All FWLR (Pt. 367) 793, (2007) 9 NWLR (Pt. 1039) 216.

For the doctrine of Lis Pendens to apply, the party relying on it must prove the following: a) The object of the suit must be to recover or assert title to specific property; b) The property must be real property; and c) At the time of the sale of the property, the suit in question was pending. All of the above must co-exist in the case. In other words, a matter based on the doctrine of Lis Pendens will fail if any of the conditions is not satisfied. ECOBANK (Nig) Plc. V. Gusau (2013) All FWLR (Pt. 699) 1220 pp. 1233-1234, paras D-A; Enekwe V. International Merchant Bank of Nigeria Ltd. (2006) 19 NWLR (Pt. 1013) 146, (2007) All FWLR (Pt. 349) 1053; Dare V. Gusau (2013) All FWLR (Pt. 690) 1440 CA.

A person who buys real property in the course and pendency of litigation has bought litigation for himself and should be prepared to face the litigation. In other words, the fortunes or gains of persons in respect of the property will be dictated or determined by the result or outcome of the litigation. See ECOBANK (Nig) Plc. V. Gusau (2013) All FWLR (Pt. 699) 1220. The doctrine as a matter of policy precludes Plaintiff from selling the land in dispute when he knows that there is dispute in court over the ownership of the land. Osagie V. Oyeyinka (1987) 3 NWLR (Pt. 59) 144.

The doctrine of Lis Pendens prevents the effective transfer of rights in any property which is the subject matter of an action pending in court during the pendency in court of the action. This helps to prevent a situation where parties will be in court slugging it and either one side of the parties or some other total 3rd party going behind them to deal with the subject-matter of the litigation in a way that undermines or negatively alters the interests of the litigants. Barclays Bank of Nigeria Ltd. V. Ashiru & Ors. (1978) NSCC Vol. 11 page 351 at 283