By a document dated 11 October 1967 purporting to be the will of one Alhaji Norga of Cow Lane, Accra, the testator disposed of his properties to some named beneficiaries. On 7 November 1967 the said testator is alleged to have made further dispositions of his properties to other persons by a document purporting to be his codicil. Alhaji Norga, the testator, died on 16 May 1973. On 30 July 1973 two of the named executors of both the alleged will and codicil obtained probate of those documents.
The plaintiff-appellants (hereinafter referred to as the appellants) who are the children of the late Alhaji Norga disputed the will and codicil of their father. Accordingly, on 12 November 1979 they took out a writ of summons against the defendants-respondents (hereinafter referred to as the respondents) claiming:
“1. A declaration that the will dated 11 October 1967 of Alhaji Norga, deceased, late of Accra, probate of which was granted by the High Court, Accra to the defendants on 30 Ju…