Pending Suits & Property Rights: Understanding Lis Pendens In Nigeria
Maintaining the Status Quo in Pending Cases
IN Nigerian courts, the Latin legal maxim Lites Pendente Nihil Innovetur, meaning “During the pendency of a suit, nothing should be changed,” remains a cornerstone of procedural law. Grounded in the doctrine of lis pendens, this principle dictates that once a legal dispute is filed before a competent court, parties must not take any steps that could alter the subject matter or legal status of the property or rights under contention.
The maxim serves as a safeguard against actions that could frustrate court proceedings or render a future judgment ineffective. Legal experts emphasise that it is not merely a tool to ensure fairness between disputing parties, but also a mechanism to uphold the integrity of the judicial process. Courts consistently enforce this principle to prevent litigants from undermining the authority of the judiciary through extrajudicial actions.
Practical Implications in Property Disputes
For instance, in a land ownership dispute, neither party is permitted to sell, lease, or develop the property while the case is ongoing. Any attempt to do so can prejudice the opposing party’s rights and compromise the eventual judgment. Legal analysts note that actions contrary to this principle are often declared void or reversed by injunction orders from the court.
“The doctrine ensures that the subject matter of litigation remains intact,” says a Lagos-based legal practitioner. “It protects the rights of parties and guarantees that judicial decisions are meaningful, enforceable, and not rendered nugatory by external acts during litigation.”
Upholding Judicial Authority
Beyond individual fairness, the maxim reinforces respect for the authority of courts, ensuring that parties cannot take unilateral steps that would alter the outcome of legal proceedings. Its application stretches across civil, commercial, and property law, providing clarity and predictability in disputes where the potential for prejudice is high.
In practice, the enforcement of Lites Pendente Nihil Innovetur preserves both legal certainty and the credibility of the judicial system, acting as a critical procedural check in Nigerian law.
