JAMES OGUNTIMEYIN VS KPEKPE GUBERE & ANOR
September 4, 2025MADU MANAMA VS BORNU NATIVE AUTHORITY
September 4, 2025Legalpedia Citation: (1964-04) Legalpedia 28677 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Fri Apr 24, 1964
Suit Number: SC 368/1962
CORAM
ADEMOLA, JUSTICE, SUPREME COURT
BRETT, JUSTICE, SUPREME COURT
OLUKAYODE ARIWOOLA
ADEMOLA CHIEF JUSTICE, SUPREME COURT
BRETT JUSTICE, SUPREME COURT
TAYLOR JUSTICE, SUPREME COURT
BAIRAMIAN JUSTICE, SUPREME COURT
PARTIES
MOTUNDE SHONEKAN APPELLANTS
GLADYS AYODELE SMITH
RESPONDENTS
AREA(S) OF LAW
DEED OF SETTLEMENT-INTERPRETATION OF
SUMMARY OF FACTS
The appellants appealed against the declaration of the trial court declaring the respondent as the sole beneficiary entitled to all the land comprised in the deed of settlement
HELD
The court held that the respondent is entitled to life interest only in the property
ISSUES
Whether all parties interested in the deed of settlement were before the court
Whether the first respondent was before before the death of Joseph Ladipo Wright
Whether on the true interpretation of the deed, a joint tenancy or tenancy in common was created
RATIONES DECIDENDI
JOINT TENANCY
Now, the presumption of law is in favour of joint tenancy, unless there are clear words of severance in the instruments or they could be inferred. Where property is given to several persons concurrently, the question whether these persons take as joint tenants or as tenants in common, depends on the contents of the instrument. They prima facie take as joint tenants- ADEMOLA, C.J.N
JOINT TENANCY
‘Now, the presumption of law is in favour of joint tenancy, unless there are clear words of severance in the instruments or they could be inferred. Where property is given to several persons concurrently, the question whether these persons take as joint tenants or as tenants in common, depends on the contents of the instrument. They prima facie take as joint tenants’- ADEMOLA, C.J.N
CASES CITED
a. Babatunde Jemi Alade v. Lawani Aborishade, 5 F.S.C. 167
b. Stuart v. Bruce (1798) 3 Ves. 632:
c. Crooke v. De Vandes (1812) 9 Ves. 197, 204.
STATUTES REFERRED TO
1. Supreme Court Rules
2. Law of Property Act, 1925
