JUDGMENT
BAAH, J. A:
BACKGROUND
Respondents’ reliefs
On 26 February 2015, the plaintiffs/respondents (hereafter Respondents) approached the High Court, Kumasi, with a prayer for:
i. A declaration that property number 38 Block E Fankyenebra devolved on the plaintiffs and the 1 defendant as beneficiaries of the said properties forming part of the estate of the late Nicholas Kofi Mensah.
ii. A declaration that the 1 defendant alone lacks the capacity to transfer title in property number 38 Block E, Fankyenebra, to the 2defendant.
iii. An order setting aside the purported sale of the property numbered Plot 38 Block E, Fankyenebra, Kumasi, in September 2011, made between the 1 and the 2 defendants.
iv. An order of perpetual injunction restraining the 2 defendant, his privies, assigns, agents and all those who claim title through him from interfering with the plaintiffs’ interest in the said property.
Appellant’s counterclaim
In his statement of defence dated 27 April 2015, the 2defendant/appellant …