AUGIE, J.C.A. (Delivering the Leading Judgment): The Appellants are the Administrators and Executors of the Estate of late Chief Isaac Ojo Ajanaku and were the 3rd - 6th Defendants in an action filed by the Respondents at the Ibadan High Court of Oyo State, wherein they claimed a number of declaratory reliefs, including one that a Deed of Assignment dated 2/4/73 is not capable of transferring the absolute right, title and Interests in the property in dispute to Chief Ajanaku or his Successors in Interest. The Appellants however averred in their pleading that the said Chief Ajanaku became owner in possession of the property under the said Deed of Assignment; that he had exercised many acts of possession thereon by carrying out improvements on the property and letting it out to tenants without let or hindrance; and that the Respondents' claim is statute barred.
This appeal turns on the issue of lack of fair hearing and it will be necessary to look at the proceedings in the lower Court I…