Ratio Decidendi

Per Fabiyi, JSC, in Best (Nig) Ltd v. Blackwood Hodge (Nig) Ltd & Ors (2011) NLC-123-31-1999(SC) at p. 12; Paras C—D:

"Undoubtedly, the 3rd respondent is not caught by the doctrine of lis pendens. He had no notice of the interest of the appellant whose action was initiated after the completion of the contract between him and the 1st respondent who put him in possession of the property."

Explanation / Scope

This principle establishes that a purchaser is not caught by the doctrine of lis pendens where they had no notice of the appellant’s interest and the action was initiated after the completion of the contract and possession. The principle applies in land sale disputes involving pending litigation. It ensures that innocent purchasers are protected. The principle reflects the requirements for lis pendens. It prevents application where notice is absent. The court must determine notice. The principle provides guidance on lis pendens.

Cases Applying This Principle