The Plaintiff now respondent in the High Court of Abeokuta, Ogun State issued a writ of summons against, the Defendant a public company which carries on the business of banking throughout the length Nigeria with its headquarters in Lagos. It has a branch in Abeokuta Ogun State where Plaintiff/Respondent operates account number 201-035256-9, which account was operated under the business name and style of Ola Ademuyiwa Commercial Enterprises.

On 18th December, 1989 the Plaintiff/Respondent averred that he paid into the said account a sum of N50, 000.00 (fifty thousand Naira). On 19th December, 1989 he drew a cheque for withdrawal of the sum of N50, 000.00 which was approved but the then branch Manager refused the payment. Plaintiff/Respondent complained to the Branch Manager who was discourteous to him, shouted on him used unprintable and derogatory remarks on him in the banking hall in the presence of many customers of the Defendant when plaintiff/Respondent was thoroughly humiliated.

On 22nd December 1989 Plaintiff/Respondent issued a cheque for the sum of N5, 000.00 to his customer in his frozen fish business. The drawee duly presented the cheque but was unpaid that he needed proper identification. He presented his driving licence which was rejected that the drawer should come to identify the drawee. Plaintiff as drawer personally identified the drawee yet Defendant still dishonoured the cheque. As a result he issued a writ of summons against the defendant. As the headquarters of Defendant was in Lagos Plaintiff sought the leave of Court to issue and serve the writ of summons outside jurisdiction, the prayer was granted.

The defendant was duly served. After service the Plaintiff and Defendant filed, delivered and exchanged pleadings. Plaintiff filed his statement of claim. In the course of trial plaintiffs brought an application to amend the statement of claim which was eventually withdrawn and struck out. The defendant filed a statement of defence to which a reply was filed by plaintiff.

At the conclusion of trial, the trial court found for the respondent and awarded him a total sum of N80, 000.00 (Eighty Thousand Naira) even though his total claim was N30, 000.00 (thirty Thousand Naira).

However, he had testified orally that he sustained a loss of N54, 000.00 during the Christmas period of 1989 yet did not amend his pleadings. The reasoning of the court was that the respondent could combine the claim he made orally and that indorsed in his statement of claim.

Aggrieved, the appellant appealed to the Court of Appeal.