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JOINT TENANCY & TENANCY IN COMMON

LAND LAW (PROPERTY LAW) | Page 10 of 22
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transfer what he has so long as the purchaser is willing to accept it. In that case, three respondents agreed to convey a plot of land in Freetown, Sierra Leone to the appellant. According to the law in Sierra Leone at the time, an unmarried lady could not convey an interest in land. One of the three respondents had such disability. Upon the refusal of the parties to convey the land and give possession to the appellant, he sued for specific performance. The respondent sought to escape liability on the ground that one of them had a legal disability. The Privy Council held that the other two must convey their two-thirds portion to appellant. In Menkiti v. Agina (1965) NMLR 127, plaintiff and 2nd defendant were gifted the land in dispute in a will. They shared the land at a family meeting without obtaining probate of the will. Thereafter, 2nd defendant sold and conveyed his portion to first defendant. Sometime later, the plaintiff sued to set aside the conveyance the 2nd defendant made in 1st defendant‟s favour. The plaintiff was non-suited on other grounds. Discussing the effect of sale by one joint owner, Kaine J stated: “It is not correct that a joint tenant cannot sell his undivided share… The only result is that when he sells his undivided share, he converts the joint tenancy into tenancy in common. Whether it is therefore a joint tenancy or tenancy in common, the 2nd defendant could dispose of his interest to a stranger but it must be a disposition of his undivided share and the stranger then holds in tenancy in common with the other tenant.” In Ipaye v. Aribisala (1930) 10 NLR 10, it was held that in a sale by one tenant in a case of joint tenancy, the sale severs/separates the joint tenancy and the purchaser becomes a tenant in common with the other joint