Amadu Wooroh Timbo V. Kofie Jalloh (1953)

LawGlobal Hub Judgment Report – West African Court of Appeal

Wills—Devise of house to some sons “to be used is family property”— Construction.

Facts

The will read thus: “To my natural sons Alimany Janneh and Mormodu Janneh my house and premises at Jenkins Street in which I at present reside. The property is to be used as family property and is in no wise to be sold.”

The trial Judge thought that the testator intended to benefit the respective families of the two sons mentioned and that this could only be effected by severing the tenancy, and held that the two sons took the house not as joint tenants but as tenants in common. On appeal:—

Held

The first sentence devises the house to the two sons as joint tenants, and the second sentence was intended to benefit the testator’s family—which could be done better, if at all, by those two sons holding the house jointly.

Appeal allowed.