Family appeals Epe land judgement, warns against fresh sales

The Soje family has lodged an appeal against a Lagos High Court judgment that declared the Adegbajo Ruling House as the customary owner of a significant parcel of land in Eredo Community, Epe, Lagos State. Following the February 12, 2026, decision, the Soje family has issued a stern warning against any fresh sales or alienation of the disputed property, emphasizing that such transactions would be subject to the outcome of the pending appeal. This development highlights the critical importance of the doctrine of *lis pendens* in Nigerian land law, which dictates that any dealings with property under litigation are undertaken at the buyer's peril and may be rendered nugatory by the appellate court's final decision. Practitioners are advised to exercise extreme caution and conduct thorough due diligence when dealing with properties subject to ongoing legal disputes.

A significant land dispute in Epe, Lagos State, has escalated to the Court of Appeal, following a judgment by the Lagos High Court that favored the Adegbajo Ruling House over the Soje family regarding customary ownership of a vast expanse of land in Eredo Community. The judgment, delivered by Justice W. Animahun on February 12, 2026, in Suit No. EPD/5231LMW/2017, has been challenged by the Soje family, who have since filed a Notice of Appeal (CA/LAG/CV/426/2026) at the Lagos Division of the Court of Appeal.

In response to alleged attempts by the Adegbajo Ruling House to commence fresh sales and erect signboards on the disputed land, the Soje family has issued a public warning. This warning underscores a fundamental principle of property law: the doctrine of *lis pendens*. The family's counsel has cautioned against any actions that could dissipate the subject matter of the appeal, stressing that such transactions could complicate the dispute and potentially render any eventual decision of the Court of Appeal ineffective. This situation presents crucial implications for legal practitioners, particularly those involved in real estate transactions, highlighting the imperative of rigorous due diligence and adherence to established legal safeguards when dealing with properties under litigation.

Land ownership and transfer in Nigeria are primarily governed by the Land Use Act of 1978, which vests all land within each state in the Governor, to be held in trust for the people. Individuals or corporations are granted rights of occupancy, rather than outright ownership. In Lagos State, the Land Registration Law 2015 further streamlines the registration of land titles and transactions, aiming to provide a comprehensive system and ease title investigation. However, despite these frameworks, land disputes remain prevalent, often stemming from competing claims, unclear boundaries, and issues related to customary land tenure.

Central to the current dispute and the Soje family's warning is the common law doctrine of *lis pendens*, derived from the Latin maxim *lis pendente lite nihil innovetur*, meaning "nothing should change during the pendency of a suit." This doctrine is a crucial safeguard in Nigerian real estate law, designed to preserve the integrity of judicial proceedings concerning property. It prevents parties from alienating or encumbering a disputed property while litigation is ongoing, thereby ensuring that any eventual judgment of the court is not rendered nugatory by unauthorized transactions. The doctrine applies predominantly to real property and operates irrespective of whether a subsequent purchaser had actual or constructive notice of the pending suit.

The Soje family's appeal challenges the Lagos High Court's finding that the Adegbajo Ruling House is the customary owner of the land, arguing that the trial judge erred in evaluating evidence and concluding that occasional gifts constituted sufficient proof of tribute and customary ownership. This highlights the complexities of proving customary land ownership, which often relies on traditional historical evidence, documents of title, and evidence of long possession.

The warning against fresh sales directly invokes the doctrine of *lis pendens*. Nigerian courts have consistently upheld this principle, recognizing that any transaction carried out while litigation over land is pending is ineffective if it attempts to defeat the court's eventual judgment. Key cases such as *Ekpendu v. Erika (1959)* and *Olusola Orioke v. Onayemi & Ors* have affirmed that purchasers of land subject to litigation take it at their own risk, irrespective of notice. The Supreme Court, in *FIDELIS OHAEGBU & 2 ORS. v. THE REGISTERED TRUSTEES OF THE CAPUCHIN FRIARS MINOR NIGERIA [2022] 10 NWLR (Pt. 1839) P. 506*, reiterated that for *lis pendens* to apply, there must be an active lawsuit concerning real property, seeking to assert title, and the other party must have been served with originating processes.

It is important for practitioners to note that merely filing a notice of appeal does not automatically operate as a stay of execution of the lower court's judgment. An aggrieved party must typically apply to the Court of Appeal for a stay of execution or an injunction pending appeal. The Court of Appeal Rules 2021 (Order 4 Rule 6) outlines conditions for granting injunctions relating to land, including an undertaking by the applicant to diligently prosecute the appeal and an undertaking to pay damages if the appeal is unsuccessful. The purpose of such orders is to preserve the *res* (subject matter) of the litigation from being destroyed or alienated before the final determination of the appeal. Without such an order, the judgment creditor may proceed to execute the judgment, though any subsequent transaction would still be vulnerable under the doctrine of *lis pendens*. The Supreme Court has also clarified that even a receiver cannot transfer valid interest in property while proceedings are pending, as seen in *Nigerian Industrial Development Bank Ltd; M.M. Adaba v. Kan Biscuits Company Ltd*.

The implications for unsuspecting buyers are severe. A purchase of land under litigation, even if made for value and without actual knowledge, can be rendered voidable or ineffective if the vendor ultimately loses the appeal. This underscores the paramount importance of conducting thorough due diligence, including searches at the Land Registry and the High Court, to ascertain the litigation status of any property before purchase. The Lagos State Land Registration Law 2015 facilitates such searches, providing mechanisms to verify title and identify encumbrances.

The ongoing appeal by the Soje family against the Lagos High Court's Epe land judgment serves as a potent reminder to legal practitioners and prospective land purchasers of the inherent risks associated with disputed properties. The doctrine of *lis pendens* is a powerful tool designed to maintain the integrity of the judicial process, ensuring that the fruits of litigation are not rendered illusory by intervening transactions. Any individual or entity contemplating a transaction involving the disputed land in Eredo, Epe, must proceed with extreme caution, as any purported sale or transfer during the pendency of the appeal is susceptible to being set aside or invalidated.

Practitioners are strongly advised to emphasize comprehensive due diligence, including thorough title searches at the relevant land registries and court registries, to uncover any pending litigation or encumbrances. Failure to do so exposes clients to significant financial losses and protracted legal battles. Monitoring the outcome of appeals such as CA/LAG/CV/426/2026 is crucial, as the final decision will definitively determine the rightful ownership and the validity of any transactions undertaken during the appellate process. This case reinforces the timeless legal maxim: *caveat emptor* – let the buyer beware, especially when the property's title is under judicial scrutiny.