SOWEMIMO, J.S.C. (Delivering the Leading Judgement): In suit HOS/18/66, the respondent is the plaintiff and the appellants are the defendants. The case was first tried at the Oshogbo High Court and judgment was entered for the plaintiff. The defendants appealed to the Western State Court of Appeal and on the conclusion of hearing in suit CAW /49/68 the Court on Thursday 26th September, 1968, made the following orders:
"UPON READING the Record of Appeal herein and after hearing Mr. Adenekan Ademola of Counsel for the PlaintifflRespondent and Mr. Y.A. Agbaje of Counsel for the Defendants/Appellants, both counsel agreeing that this case be sent back for retrial by another judge:
"IT IS ORDERED:
(1) That this appeal be allowed.
(2) That the judgment of the High Court, Oshogbo delivered on the 20th day of December, 1967, including the order as to costs be set aside.
(3) That this case be sent back for retrial before another judge.
(4) That the order for the appointment of Receivers made by…