SALES OF LAND PENDING LITIGATION
In my profession and as a legal practitioner with bias in the real estate sector, I handle a lot of land matters which I personally learn from and in turn, share this experiences so that my readers can be enlightened and not fall into similar issues.
I am presently handling a matter in court, which involves “SALES OF LAND PENDENTE LITE” meaning sales of land pending litigation. For obvious reasons, I will not be able to give an in depth details of the case but will briefly and on the face of it share with you all.
In August 2015, my client bought a land somewhere in Lagos at a ridiculously cheap amount. He at that point thought he was lucky to have come across such an opportunity. As expected, he rushed payment, without verification of any kind on the land. In January 2017, he started construction on the acquired land, only to receive a court order. This order was to stop forthwith any form of construction on the land. It was then he realized that the land is pending litigation in court.
I am sure most of us have come across lands or property where it is written on it! “THIS LAND IS SUBJECT TO LITIGATION”. The popular word for this in law is “PENDENTE LITE”. This is a Latin word which means “awaiting the litigation” or “pending the litigation”. It applies to court orders that are in effect while a matter is pending.
It is however not compulsory for an interlocutory injunction to be given in a land matter proceeding before the “PENDENTE LITE” is ignited. An interlocutory injunction is an order given by the court. it is given in an intermediate stage between the commencement and termination of a course of a legal action.
When a land or property is the subject of a matter in court, it is required that nothing should be done whatsoever by any of the parties to the dispute to affect or change the subject matter of litigation.
It is unfortunate that in today’s fast-paced real estate market, many investors are unknowingly buying properties involved in litigation. These investors may however be prohibited from intervening in the lawsuit that was already pending when the property was bought.
See also; Victoria Bay Estate
As a matter of principle, for any land pending litigation bought by a third party, without verifying the certainty of the litigation on the land, such third party may only regret his decision at the end. This regularly, leaves the new property buyers with no course but to simply observe while the property is subjected to court judgment.
This is why I always advise that it is necessary to take further steps to verify if the land about to be purchased is not a subject matter in court because nobody would want to buy a property or a land if its ownership is in dispute.
A celebrated case law that addresses the principle of PENDENTE LITE is the case of MATTHEW OKECHUKWU ENEKWE V. INTERNATIONAL MERCHANT BANK NIG. LTD (S.C. 82/1999).
According to the judgment delivered in that case, Niki Tobi. J.S.C. has this to say
“…The doctrine which is embedded in the common law gives notice to persons by way of warning that a particular property is the res of a litigation and that a person who acquires any interest in it must know well ahead that the interest will be subject to the decision of the court on the property. This reminds me of the fuller Latin expression, pendente lite nihil innovetur, which means, during litigation nothing new should be introduced.
A person who buys real property in the course and pendency of a litigation has bought litigation for himself and should be prepared to face the litigation. In other words, the fortunes or gains of persons in respect of the property will be dictated or determined by the result or outcome of the litigation…”
reading carefully through the article, you would realize in the last paragraph above that the court has expressly stated. :A person who buys real property in the course and pendency of a litigation has bought litigation for himself and should be prepared to face the litigation. As such, the future of such property would be determined by the decision of the court and outcome of the litigation.
This is a warning to every land investor/ buyer to take further steps to verify not only the authenticity of a land/property but also the legal status of such.
For further assistance, explanation, or consultation on this subject matter or any other land/property related issues, do not hesitate to contact me via ibejulekkilawyer@gmail.com or Call 08034869295. You can also email me on whatever question you have on land/property law and anything relating to it. CLICK HERE to read more on property verification.
