Facts:

The defendant/appellant is a company incorporated in Nigeria to carry on banking business while the plaintiff/cross-appellant was a customer. The plaintiff/ cross-appellant claims that sometime in 1984, a cheque for the sum of N500,000.00 (Five hundred thousand naira) was issued in favour of the defendant for safekeeping in a suspense account. By a resolution of the plaintiff/ cross-appellant, a copy of which was sent to the defendant/bank the names of the two signatories, in the mandate both signatories must sign all cheques drawn by the plaintiff. These were given as Chief M. E. K. Kadiri and Mr. Daleep Singh subsequent request by the plaintiff/cross-appellant that the above sum be credited by the defendant/appellant into the current account of the customer was not carried out by the defendant/appellant. In consequence of this, the plaintiff/cross-appellant claimed it was unable to complete a road construction project which was awarded to it