JUDGMENT
KWAMINA BAIDEN, JA: The Plaintiffs/Respondents hereafter referred to as Respondents are the executors of the will of Opanin Kwame Agyapong (deceased) whilst the Defendants/Appellants hereafter referred to as Appellants are the children of the deceased Testator.
The Respondents instituted this action against the Appellants for the following reliefs:
(a) A declaration that the undevised portion of the house at Abuakwa- Dadiase mentioned by the late OPANIN KWAME AGYAPONG in his will dated 23rd February, 1998 which will was Probated on the 26th October, 1998 falls into residue.
(b) An order of perpetual injunction restraining the Defendants, their agents, workmen and assigns from in any manner interfere (sic) with the Plaintiff’s family interest and possession of the said house.
It is the case of the Respondents, as executors, that paragraph 12 of the Will the late Opanin Agyapong devised his residuary estate to his family and that the house at the Dadiase he was completing fell into …