As endorsed on the writ of summons issued out of the registry of the High Court of Justice, Akwa Ibom State sitting at Uyo, the, plaintiff now appellant claimed the following reliefs against the respondent, then defendant:

The parties filed and exchanged pleadings. At the trial the appellant then plaintiff testified and called one other witness. The respondent, then defendant, called one witness and closed its case. Mbaba. J. in the judgment delivered on 30/3/06 held that at the time the cheque for N5m was presented for payment the appellant had no sufficient fund in his account and so the respondent was justified in dishonouring the said cheque. The court below dismissed the claim for N60m as damages for dishonouring the cheque. The court however held that the closing of the appellant's account by the respondent was wrongful for which the sum of N350,000 was awarded as damages in favour of the appellant. The trial court also ordered the respondent to allow the appellant operate his account and awarded N20,000 costs in favour of the appellant.

Aggrieved by the portion of the judgment relating to the dishonour of his cheque the appellant appealed.