Facts:

The appellant as plaintiff instituted an action by way of a Writ of Summons dated 10 May 2011, against the respondent as defendant at the Federal High Court, Lagos. The plaintiff who was a customer of the defendant also obtained a credit facility from the defendant. However, the defendant later assigned the management of the plaintiff’s facility and account to a third party without the prior knowledge and consent of the plaintiff.
Aggrieved with defendant’s decision, the plaintiff, brought the action, challenging the purported assignment of the management of its facility and account to a third party, and claiming among other reliefs, a declaration by the court that the purported assignment is illegal. In response, the defendant filed its defence and also brought a Counter-claim dated 9 December 2011. The trial court in its judgment observed that the plaintiff’s witness statement on oath was defective, and accordingly nullified same and discountenanced every documentary evidence elicited from it.
Consequently, the trial court dismissed the plaintiff’s suit and heard the defendant’s Counter-claim, whereupon it gave judgment in the defendant’s favour after finding that the defendant had proved its case. The plaintiff being dissatisfied appealed to the Court of Appeal Lagos Division.