At the High Court of Lagos State, the appellants in this appeal [as plaintiffs] claimed against the first respondent herein [as defendant] the following relief as per the Statement of Claim before that court (hereinafter, simply, referred to as "the trial court''):

Whereof the plaintiff's claim against the defendant is for the sum of Fifty Million Naira (N50,000,000). The defendant as drawer of Bank Certified Cheques totaling N4,500,000. 00 drawn upon the defendant bank at its Moloney Street Branch, Lagos, payable to the plaintiff and delivered by S. C. O. A. to the plaintiff which said cheques were duly presented for payment on the 12th day of June, 1989, which were dishonoured and although the defendant had due notice thereof by letters dated 8th June, 1989 and 12th June, 1989, respectively, the defendant still refused and or neglected to pay the said cheques. [pages 261 -262 of the record]

At the instance of the first respondent herein, the second respondent was joined as a third party in the action. Upon the joinder of issues on the settled pleadings which were, duly, exchanged, the matter went to trial.

From the records, the appellant made the case that, at the instance of the second respondent in this appeal, the first respondent caused to be drawn four bank drafts worth N4.5million in its [appellant's] favour. Sequel to its dishonour of the said drafts, the appellant took out an action against the first respondent claiming not only the value of the cheque, but also interests, charges and general damages.

While the first respondent claimed to have dishonoured the cheques on the instruction of the second respondent, the latter's ground for stopping the drafts was because of the absence of consideration from the appellant. Following the trial court's dismissal of the claim, the appellant approached the Court of Appeal, Lagos Division (hereinafter, simply, referred to as "the lower court'') which, also, dismissed the appeal to it.

Aggrieved by the lower court's concurrent verdict, the appellant appealed to this court.