GBADEGBE, J.A.
Following the death of Kofi Nsiah, the appellant herein claiming to have been appointed by the deceased in his last will as executors took out an originating process by way of notice of motion under the provisions of PNDC Law 111, the Intestate Succession Law for an order punishing the respondent herein for intermeddling with the estate of the deceased and also for an order compelling her to surrender certain specified properties of the deceased which were alleged to be in her custody to the applicants. In response to the application before the court below, the Respondent denied having taken custody of the properties as alleged by the appellants. Further the respondent challenged the right of the executors as such to take out the processes that were served on her having regard to the reliefs prayed for and additionally raised the point that since the capacity of the appellants was in issue in a pending action issued against them in the High Court Kumasi, they were not co…