LEGAL PRINCIPLE: JURISDICTION — Lis Pendens — Doctrine Applicable to Real Property — Alienation Pending Litigation Ineffective Regardless of Notice
PRINCIPLE STATEMENT
Where litigation is pending regarding property, a transfer of the legal estate to a third party, even without notice of the litigation, is ineffective. The doctrine is not founded on notice but on the principle that the law does not allow a litigant to alienate property in dispute to prejudice the opposite party.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Bua v. Dauda (2003) NLC-1371999(SC) at pp. 13–14; Paras D–B.
"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. That purchaser gets nothing because the doctrine is not founded upon the fact of actual or constructive notice of the litigation but upon the fact that the law does not allow to any litigant party rights to alienate property in dispute while proceedings are pending so as to prejudice the opposite party."
EXPLANATION / SCOPE
Lis pendens applies regardless of notice. The principle applies to real property disputes. The purchaser acquires nothing. The rule protects the pending litigation. The court will disregard any alienation during the pendency of the suit. The principle is well-established.