CaseLaw
Oronti vs. Onigbanjo (2012) CLR 5(f) (SC)
Judgement delivered on May 25th 2012
Brief
Facts
At the trial high court, the Respondent who was the Plaintiff initiated his writ of summons against the Appellant who was the Defendant thereat. He claimed declaration of tide to a piece of land at Anthony Village, Lagos; N100,000.00 (One hundred thousand naira) damages for trespass and an order of perpetual injunction to restrain the Defendant.
After the exchange of pleadings, the Defendant filed a preliminary objection. He maintained that the late E.A. Campbell sold the land in dispute to the Plaintiff during the pendency of Suit No. LD/326/71 wherein he was one of the Defendants and so the Plaintiff should not be permitted to maintain the action based on the doctrine of lis pendens.
The suit banked upon by the Defendant was merely struck out and not concluded on its merit. The high court dismissed the preliminary objection. The Defendant felt aggrieved and appealed to the Court of Appeal. The appeal was heard and after a careful appraisal of same, it was dismissed.
The Defendant decided to further appeal to the Supreme Court.
Issues
"Whether in the overall circumstance of the facts of this case, the doctrine of lis...