HENRY KWOFIE J.A
This is an appeal against the judgment of the High Court Kumasi dated the 30th of July 2015. By a Writ of Summons filed on 25/02/2005 the plaintiffs/appellants claimed against the defendant/respondent the following relief:
1. A declaration that the properties devised under the Will of the late Kwabena Nyantakyi are his self-acquired properties and perpetual injunction restraining the defendant, his privies agents and servants from interfering with them.
The 1st plaintiff is the surviving executor of the last Will and Testament of the late Opanin Kwabena Nyantakyi (deceased) who died testate on 5th May 2004. The 2nd plaintiff is a member of the testator’s family and one of the beneficiaries named in his Will. The defendant is a nephew of the testator. In his last Will and testament, the testator devised all his properties to named beneficiaries. After his death, the defendant claimed that not all the properties devised in the testator’s last Will were his self-acquired pr…