Lawyer writes Cross River State Acting CJ; Calls For Creation Of Lis Pendens Registry In High Court

Mr. Daniel K. Kip of Attah Ochinke & Co. has called on the
Acting Chief Judge of Cross River State to establish Lis Pendens
Registry in the High Court of the state.

This is contained in a letter addressed to the Acting Chief
Judge sighted by Nairalaw

According to D. K. Kip, land is very important and recently the
Nigeria Economic Report released by the World Bank shows that real
estate is the largest contributor of GDP and media source also
reports that revenue of the state was increased by the Cross River
State Geographical Information Agency(CRGIA) from N300 Million to
N1.8 Billion

He said though due diligence are normally conducted to ascertain
the title of a property and to also know whether any encumbrance
exists, however, the search does not normally disclose whether land
is subject of litigation and such has led people to buy properties
that are lis Pendens.

Among other cases, he cited the case of Osagie v oyeyinka (1987)
6 S.C 199. P. 18. Paras A-D where it was held thus:

“Simply put the doctrine of lis pendens operates to prevent the
effective transfer of any property in dispute during the pendency
of that dispute. It is quite irrelevant whether the purchaser has
notice – actual or constructive. The doctrine is really designed to
prevent the vendor from transferring any effective title to the
purchaser by depriving him (the Vendor) of any rights over the
property during the currency of the litigation or the pendency of
the suit. That being so the principle of nemo dat quod non-habet
will apply to defeat any sale or transfer of such property made
during the currency of litigation or the pendency of the
action.”

He said it is in view of the above decision of court that he
proposed the creation of Lis Pendens Registry where all cases
relating to title to property or land are to be sent with necessary
Particulars.

“It is on this note that I propose the creation of a Lis Pendens
Registry/Register in the various judicial divisions in the High
Court of Cross River State, for the registration of properties
pendete lite. The Process Registry on receipt of every originating
process can forward the said originating process to the Lis Pendens
Registry after ascertaining that the subject matter of the suit
borders on land or title to property, and so the later can register
the same stating the particulars of the property (Registration No.,
Location, etc), the Suit No. & Parties, and the nature of the
claims. The records of existing or pending suits affecting land in
the various court can also be forwarded to the Lis Pendens Registry
for update purpose.” he stated

He further advised that the Lis Pendens Registry should be
electronic in order to ease searches as obtainable in Lagos
State

He said, “aside the positive effect this will have on property
transactions and the safeguard of innocent purchasers, this can
also serve as a means of revenue generation for the State Judiciary
as a search fee can be fixed for individuals intending to conduct a
search.”

Mr. Daniel K. Kip of Attah Ochinke & Co. has called on the
Acting Chief Judge of Cross River State to establish Lis Pendens
Registry in the High Court of the state.

This is contained in a letter addressed to the Acting Chief
Judge sighted by Nairalaw

According to D. K. Kip, land is very important and recently the
Nigeria Economic Report released by the World Bank shows that real
estate is the largest contributor of GDP and media source also
reports that revenue of the state was increased by the Cross River
State Geographical Information Agency(CRGIA) from N300 Million to
N1.8 Billion

He said though due diligence are normally conducted to ascertain
the title of a property and to also know whether any encumbrance
exists, however, the search does not normally disclose whether land
is subject of litigation and such has led people to buy properties
that are lis Pendens.

Among other cases, he cited the case of Osagie v oyeyinka (1987)
6 S.C 199. P. 18. Paras A-D where it was held thus:

“Simply put the doctrine of lis pendens operates to prevent the
effective transfer of any property in dispute during the pendency
of that dispute. It is quite irrelevant whether the purchaser has
notice – actual or constructive. The doctrine is really designed to
prevent the vendor from transferring any effective title to the
purchaser by depriving him (the Vendor) of any rights over the
property during the currency of the litigation or the pendency of
the suit. That being so the principle of nemo dat quod non-habet
will apply to defeat any sale or transfer of such property made
during the currency of litigation or the pendency of the
action.”

He said it is in view of the above decision of court that he
proposed the creation of Lis Pendens Registry where all cases
relating to title to property or land are to be sent with necessary
Particulars.

“It is on this note that I propose the creation of a Lis Pendens
Registry/Register in the various judicial divisions in the High
Court of Cross River State, for the registration of properties
pendete lite. The Process Registry on receipt of every originating
process can forward the said originating process to the Lis Pendens
Registry after ascertaining that the subject matter of the suit
borders on land or title to property, and so the later can register
the same stating the particulars of the property (Registration No.,
Location, etc), the Suit No. & Parties, and the nature of the
claims. The records of existing or pending suits affecting land in
the various court can also be forwarded to the Lis Pendens Registry
for update purpose.” he stated

He further advised that the Lis Pendens Registry should be
electronic in order to ease searches as obtainable in Lagos
State

He said, “aside the positive effect this will have on property
transactions and the safeguard of innocent purchasers, this can
also serve as a means of revenue generation for the State Judiciary
as a search fee can be fixed for individuals intending to conduct a
search.”