The action was brought by the plaintiff Bank against the defendant for the balance of the amount claimed to be due and owing on its customer's overdraft current account. The defendant was initially granted N50,000.00 plus interest at the rate of 11%. According to the plaintiff's evidence as at 30th, December 1980, there was a debit balance of N54,928.58 in the defendant's account. See P.41 lines 14-18 of the records. Between that date and 2nd June, 1982 sum totalling N37,000.00 were paid into the account. See P.41 lines 22-26 of the records. The controversy between the parties arose from the decision of the plaintiff to debit the account of the defendant with sum of N185,650.10 made up of five cheques issued by third parties to the defendant which the defendant paid into his overdraft account but which the plaintiff claimed were subsequently dishonoured and lost is transit.

The plaintiff called four witnesses in support of its claim. The defendant did not call witness.

The defendant (now appellant) categorically denied owing the respondent any amount and if there is any such debt, he claimed to have discharged it.

In his final judgment the learned trial Judge concluded that the appellant's account was properly debited with sum in question.

Dissatisfied with the judgment, the appellant appealed to the Court of Appeal.