Facts:

The 1st Respondent is a limited liability company registered in Nigeria and is engaged in the rental, leasing, and supply of containers and other equipment to companies in the oil and gas industry. It had a long-standing business relationship with the Appellant spanning several years. The 1st Respondent supplied goods to the Appellant pursuant to various invoices and delivery notes. Payments in respect of those invoices remained unpaid. On 24 September 2015, an email was sent to the Appellant’s Managing Director requesting that payment of the outstanding invoices be made into the 1st Respondent’s London bank account, and the account details were provided.

It was subsequently discovered that the email was forged and that a fraudulent bank account in Cambodia had been communicated to the Appellant, into which the funds due to the 1st Respondent were paid. The Appellant admitted the existence of a long-standing business relationship with the 1st Respondent but denied negligence in making the payment. The Appellant maintained that payment for the disputed invoices was made, although the payment was remitted to an incorrect account.

The trial court ruled in favour of the 1st Respondent and dismissed the Appellant’s counterclaim. Aggrieved by the decision, the Appellant appealed to the Court of Appeal.