in a land action, can a party in possession of the land dispose of the land during the prndency of the action where there has not been any injunction order to prevent him from disposing of the land in dispute

In Nigeria, a party in possession of land can technically dispose of the land during the pendency of an action if there has not been any injunction order preventing such disposal. However, doing so can have legal consequences, especially if the court eventually rules against the party who disposed of the land.

Here are some key points to consider:

1. Doctrine of Lis Pendens: Under Nigerian law, the doctrine of lis pendens applies. This doctrine prevents parties from transferring property that is the subject of ongoing litigation. Even though there may not be an explicit injunction, any sale or disposal of the land during the pendency of the action is generally considered ineffective against the eventual judgment of the court.
2. Effectiveness of Transfer: Any transfer of the land during the pendency of the litigation may be set aside if the court rules in favor of the other party. The principle behind this is to preserve the subject matter of the litigation until the court has made a final determination.
3. Risk of Contempt: While there may not be a specific injunction, attempting to dispose of the land could be viewed unfavorably by the court and may be seen as an attempt to undermine the court’s authority. This could potentially lead to sanctions.
4. Buyer Beware: Any buyer who purchases the land during the pendency of the litigation does so at their own risk. They may ultimately lose their rights to the land if the court rules against the seller.

To avoid these potential complications, it is advisable for parties to seek a court order before attempting to dispose of land that is the subject of ongoing litigation.