accrescendi (survivorship). It means that where property is acquired by two or more persons, upon the death of one, his interest determines (that is, terminates). The survivor survives to the interest of the deceased. In effect, jus accrescendi – rule of survivorship is a common law rule which simply means that where property is jointly owned by two or more persons, and one joint owner dies without having a separate share in the joint property through a valid partition, the interest of the deceased owner passes to the surviving owner(s) by the right of survivorship and not to the heirs of the deceased. In other words, the heirs of the deceased get nothing. In the case of Chinweze v. Masi [1989] 1 NWLR (Pt. 97) 254, the Supreme Court held that by operation of Law, joint tenancy leads to the doctrine of survivorship by which if one joint tenant dies without having obtained a separate share of the property for him or herself, during his or her life time, his or her interest will not pass to his or her estate but such interest will accrue to the other surviving joint tenants. The Supreme Court also held that, the fact that the title document did not contain words of severance, the half-brothers to the 2nd Defendant‟s sister could not take any benefit in the contested property due to the applicability of the rules of joint tenancy to the disputed property. In the said case, the eminent jurist Oputa JSC, made an instructive affirmation of the decision of the trial court and the Court of Appeal thus: “When therefore Elizabeth Chinweze died intestate, her interest in No. 5 Ogui Road did not enure to her estate but instead it accrued to the 1st Defendant Veronica Masi nee
Chinweze as the surviving joint tenant. The plaintiffs therefore had nothing to inherit. They are