Facts:

The Appellant via a Writ of Summons sued the Respondent at the Lagos State High Court for the recovery of N150,000,000.00 (One Hundred and Fifty Thousand Naira) it deposited into its current account with the Respondent.

The Appellant contended that the instruction to the Respondent, for the transfer of the above sum from its account with the Respondent to its UK account, was not carried out, and at such requested that the stated sum be refunded back into its account with the Respondent. The Respondent in its defense argued that the instruction of the Appellant was carried out to the latter, and it was inconceivable for the Appellant to renegade from its instruction, and turn around to demand for a refund of the disputed sum.

The parties joined issues through their pleadings and trial was duly conducted. In a well-considered judgement, the trial court proceeded to resolve issues in favour of the Respondent.

Dissatisfied with the decision of the trial Court, the appellant appealed to the Court of Appeal. The Appellant’s appeal was dismissed in its entirety by the Court of Appeal.

Further aggrieved and dissatisfied by the Vexed Judgement of the Court of Appellant appealed to the Supreme Court.