The respondent as plaintiff at the High Court brought an action against the defendants claiming a declaration that the equipment being employed by the defendant in the block moulding industry were the bonafide and beneficial property of the plaintiff; that the defendant was carrying on the business in fraud of the plaintiff; an order for the defendant to render accounts of all sales; net profit and monies received in the running of the block moulding industry; an order of injunction restraining the defendants from paying proceeds of the business to any other Account apart from the plaintiff’s Account and also damages. The trial high court non-suited the plaintiff, the court of appeal after hearing arguments on the defendant’s appeal dismissed the former and entered judgement for the plaintiff that its case was clearly proved. The defendants have further appealed to the Supreme Court.