LEGAL PRINCIPLE: JURISDICTION — Lis Pendens — Requirements for Application — Pending Suit, Real Property, Proprietary Claim, Service of Process
PRINCIPLE STATEMENT
For the doctrine of lis pendens to apply, it must be shown: (a) the suit was pending at the time of sale; (b) the action relates to real property; (c) the object is to recover or assert title to specific real property; and (d) the other party had been served with the originating process.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Bua v. Dauda (2003) NLC-1371999(SC) at p. 14; Paras A–C.
"For the doctrine of lis pendens to apply, it must be shown (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 or lis 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."
EXPLANATION / SCOPE
Lis pendens requires specific conditions. The principle applies to real property disputes. The action must be proprietary. The rule protects the integrity of pending litigation. The purchaser takes subject to the outcome of the suit. The principle is well-established.