there. He claimed that his father only allowed the respondents‟ fathers to live there by virtue of their being his brothers. He denied that respondents were entitled to inherit any portion of the premises. Judgment was entered for the respondent and the court declared that prior to the Land Use Act 1978, the plaintiffs and the defendant having succeeded their respective fathers in accordance with Bini Native Law and Custom were jointly owners of all that piece or parcel of Land with the building thereon and that the plaintiffs and the defendant are each entitled to a grant of Statutory Right of occupancy of their respective portions. The judgment was confirmed by the Court of Appeal Benin Division on 26th September, 1985. Still being dissatisfied, the appellant appealed to the Supreme Court. The Supreme Court per Ayoola JSC. opined as follows: “The rule is that where a joint tenant dies without having a separate share in the joint property, his interest passes to the remaining joint tenants and not to his successors or personal representatives.” In answering the question whether the rule of survivorship as developed under the common law is applicable to joint acquisition of property under customary law, he enthused that: “It is misconceived to assume that a joint acquisition of property subject to customary law creates joint tenancy in the meaning in which the term is known at common law. In my opinion, what is created is co-ownership to be attended by its own incidents as developed in customary law and not common law. Such incidents of co-ownership have been developed in regard to family property and there is no reason why such incidents should not apply by analogy to joint acquisition of property as in this case, it may well be noted that the