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Adeko (2011) 6 NWLR (pat 1244) 415, the doctrine has evolved for the purpose of preventing one party from fraudulently seeking to overreach the decision of the court granting title to the opposing party on the basis that he had divested himself of the title before the decision of the Court was made. These adverse consequences are exacerbated by the necessity to make a Court application (unless the registrant consents) to vacateĪccording to the Court of Appeal in Akiboye v. A lis pendens therefore prevents the person holding the property from dealing with it in the usual course, effectively freezing their rights of disposal. Potential purchasers will generally be reluctant to proceed with a sale where they discover that a lis pendens is registered. The purpose of a lis pendens is to put third parties on notice that there is ongoing litigation over a property which could ultimately diminish its value or affect the interest of the party currently holding or controlling it. The principle embodying the said doctrine is that the subject matter of a suit should not be transferred to a third party during the pendency of the suit. The doctrine has been derived from a latin maxim “ Ut pendent nihil innovetur” which means that during litigation nothing should be changed.
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The meaning of lis pendens is – ‘a pending legal action’, wherein Lis means the ‘suit’ and Pendens means ‘continuing or pending’.