TOPIC 13.

1 LIS PENDENS
An alternative way to temporarily inhibit dealing
in the land or in interest in the land.

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OBJECTIVE
You should be able to
 Define lis pendens.

 Explain its features.

 Differentiate it from caveat and prohibitory

order.
 Evaluate its usefulness under a Torren system.

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DEFINITION

 Getting the court order to temporarily stop any

dealing in the land or in the interest of the land while
court action is pending.
 It was developed as part of land law in England
(England land law is not based on Torren system). It
principle is
“so long as the title to property was being litigated
in a court of justice parties to the litigation were
incapable of alienating it because otherwise any
judgment of the court might be frustrated.”
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LIS PENDENS - CONTINUED

 Lis pendens is obtain through High Court, under Court of

Judicature Act, 1964. No provision under our NLC.
 Used as means to protect creditor’s claims in the
land/interest of the land when unable to obtain protection
under caveat.

Danodaran v Vesudevan (1975) … Seller of land, buyer

and claimant for one-half share interest in the land. From
Caveat to court injunction. Claimant filed a writ &
applied for lis pendens for 12 months. It was registered
in the Register Document of Title.
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DISTINGUISHING FEATURES

 Caveat – before initiating litigation/legal

actions.
 Prohibitory Order – court actions have
been successfully obtained (judgment
creditor v judgment debtor). Good for 6
months only.
 Lis Pendens – court action is pending.
Time frame set by court.

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EVALUATION

 Lis pendens is inconsistent with Torren system.

 In T. Danodaran, Privy Council rejected lis
pendens.
 Should use private caveat which is consistent
with Torren system.