The plaintiff/appellant is a limited liability Company incorporated in Nigeria and carrying on the business of Commercial bankers with its Head Office at Kano, Nigeria. The 1st defendant, a limited company at Okene, is a customer of the plaintiff/appellant operating a current account No.50195 with the Bank while the 2nd and 3rd defendant are directors of the 1st defendant who are signatories to the said 1st defendant's account with the plaintiff/appellant. Between May 1980 and September, 1983 the plaintiff granted to the defendants overdraft facilities to the tune of N179, 187.84k including interests accruing thereon.

The plaintiff/appellant sued the defendant/respondent in the High Court of Okene after the defendant/respondent had refused to liquidate their indebtedness despite repeated demand in order to recover the money. After pleadings had been settled, the plaintiff/appellant called one witness, the Branch Accountant who gave evidence and tendered 8 Exhibits to establish her case. The 2nd and 3rd defendants also called one witness, the 3rd defendant in this case who gave evidence. Both counsel to the parties addressed the Court at the end of hearing. At the end of trial, the learned trial Judge after reviewing the evidence on both sides and going through the statement of account tendered in composite form found that the plaintiff on whom the onus of proof rested had failed to discharge same as required by law. In consequence the plaintiff's case was dismissed in toto.

Dissatisfied with this judgment, the plaintiff/appellant has appealed