Saleeba v Wilke

The applicants, Saleeba, and respondents, Wilke, held property as joint tenants. A dispute arose between the parties, prompting the respondent to offer to sell the property and divide the proceeds equally. The other co-owner accepted the offer but only after the lapse of the offer. There was no further evidence of any agreement after the late acceptance, and no further steps were taken to sell the property before the co-owner's death. The primary issue was whether the correspondence constituted a severance of the joint tenancy, and whether at the time of the co-owner’s death, the co-owners held the property as joint tenants or tenants in common. The further issue was whether, upon the co-owner's death, the respondent held the entire property as sole owner.

The court found that the correspondence did not constitute a severance of the joint tenancy. The late acceptance of the offer to sell the property was ineffective. There was no subsequent agreement between the parties to sever the joint tenancy. The co-owners continued to hold the property as joint tenants until the death of the co-owner. The court held that the respondent did not hold the entire property as sole owner upon the co-owner's death. The application was dismissed.