CORAM

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JAMES OGENYI OGEBE (Lead Judgment), JUSTICE SUPREME COURT

IGNATIUS, CHUKWUDI PATS ACHOLONU JUSTICE, SUPREME COURT

AKINOLA OLUFEMI EJIWUNMI

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PARTIES

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ALHAJI USMAN BUA APPELLANTS

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RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

 The plaintiff filed this suit against the 1st defendant on the 17/12/87; during the pendency of the suit, the 1st defendant sold the house to the 2nd defendant/appellant on the 8/7/88 and disappeared.

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HELD

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Appeal dismissed for lacking in merit.

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ISSUES

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“(i) Whether the finding of the trial court as confirmed by the court below was not perverse.(ii) Whether the court below properly applied the principle of law as decided in the case of Barclays Bank Nig. Ltd. V. Ashiru (1978) 1 LRN 266 to have given judgment in favour of the respondent.(iii) Whether the evidence as led by the respondent in the trial court if married with the pleadings could have been said to sustain the proof of his claim against the appellant.”

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RATIONES DECIDENDI

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THE OPERATION OF THE PRINCIPLE OF LIS PENDENS/INEFFECTIVE SALE

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Where litigation is being prosecuted in regard to property and one of the parties purports to transfer by sale the legal estate in that property to a third party, who may have no notice of the litigation, the transaction of sale is ineffective. Per S. O Uwaifo J.S.C.

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EXTENT OF DOCTRINE OF UNDUE INFLUENCE

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The doctrine of undue influence extends not only to cases of coercion or tricks or fraud but to all cases “where influence is acquired and abused, where confidence is reposed and betrayed”. Per S. O Uwaifo J.S.C.

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CASES CITED

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Barclays Bank Nig. Ltd. V. Ashiru (1978) 6 & 7 SC 99; (1978) 11’NSCC 351Akinwumi V. Idowu (1969) 1 All NLR 319 at 321Omoregbe V. Lawani (1980) 3-4 SC 108Smith V. Kay (1859) 7 HLC 750 at 779.Osagie V. Oyeyinka (1987) 2 NSCC 840 at 849.?

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STATUTES REFERRED TO

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The Land Use Act, Cap. 202 LFN 1990?

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