The Respondent who was the Plaintiff at the High Court issued a Writ against the 1st Appellant i.e. The Attorney-General of the Federation (1st Defendant at the High Court) and 2nd Appellant i.e. G. Cappa Ltd (2nd Defendant at the High Court) for, inter alia, a Declaration that the ordinary shares numbered 334001 - 334000 in the 2nd Appellant Company and all bonus issues and dividends accruing on the said shares are beneficially owned by him and an injunction to restrain the 2nd Defendant from paying over an dividend accruing on the said shares to the Federal Government. It also claimed an order directing the 2nd Appellant to pay over to him all the dividends accruing on the said shares and bonus to which he is entitled.

It was established at trial that the shares against which the order of forfeiture to the Federal Government were directed were those which supposedly belonged to Mr. F. A. Ijewere who had been investigated under the Investigation of Assets Public Officers (and other persons) Decree 1968. It was also established that the Appellant was not investigated and the Mr. F A. Ijewere in fact had no shares in G. Cappa Limited. The trial Court granted all three reliefs sought above in consequence of which the Appellants appealed to the Court of Appeal.