JUDGMENT
AGBEVOR, J.A.
The instant appeal is against the judgment of the High Court, Land Division, Accra dated 22nd day of December, 2016. The grounds of appeal are:-
a) The learned trial judge erred in holding that the non-issue of a vesting assent in favour of plaintiffs by the executors precluded them from commencing this instant action and this occasioned a substantial miscarriage of justice.
b) Judgment is against the weight of affidavit evidence.
c) Additional grounds of appeal would be filed on receipt of record.
No additional grounds were filed.
FACTS OF CASE
The plaintiffs/appellants case was that No. 24/3 East Nukwe Djourne, Nungua was the bona fide property of JONATHAN ODAI QUAYE (now deceased). In his last Will and testament dated 30th September, 1987 the testator devised the said house to his wife and children as beneficiaries of the said estate.
Probate was granted by the High Court, Accra on the 19th December, 1991 to the EXECUTORS but no vesting assent issued to the beneficiar…