CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
ANIAGOLU, JUSTICE, SUPREME COURT
PARTIES
ADARAN OGUNDIANI
APPELLANTS
O.A.L. ARABA
BARCLAYS BANK OF NIGERIA LTD
RESPONDENTS
AREA(S) OF LAW
PROPERTY LAW
SUMMARY OF FACTS
There was a dispute as to the owner of a property with chequered legal history.
HELD
The Supreme Court held that the doctrine of lis pendens prevents the effective transfer of title, that is the legal estate in the disputed property to the appellant.
ISSUES
Not Available
RATIONES DECIDENDI
DOCTRINE OF LIS PENDENS
“The principle relied upon for this doctrine is that any interested person who is cognizant of the proceedings, and has the opportunity to intervene is bound by the result and cannot be allowed to re-open the matter. Accordingly, if one knowing what was going on was content to stand by and see his battle fought by someone else in the same interest then he ought to be bound by the result.” Per IDIGBE, JSC
CASES CITED
Bellamy v. Sabine (1857) 26 LJ (NS) Equity Reports 797 at 803
STATUTES REFERRED TO
The Native Lands Acquisition Law, Cap, 180The Sheriffs and Civil Process Law, Cap. 116The Property & Conveyancing Law Cap. 100