Facts:

The respondent was a customer of the defunct Platinum Habib Bank (now Keystone Bank) and was alleged to have been granted several facilities by the bank which were unpaid. The appellant acquired the non-performing loan from the bank and proceeded to recover same from the respondent. Consequently, the appellant filed a claim against the respondent at the Federal High Court, Lagos Division alleging that it is entitled to the payment of N9,986,579,520.61 (Nine Billion, Nine Hundred and Eighty Six Million; Five Hundred and Seventy Nine Thousand, Five Hundred and Twenty Naira, Sixty Kobo) being unpaid facilities granted to the respondent by the defunct bank.
The appellant also sought orders of the court foreclosing the respondent’s ownership rights or title to the assets and properties listed in the schedule annexed to the claim and directing the transfer of all money in the respondent’s account to the appellant’s account and an order effecting immediate transfer of the respondent’s One Billion (1,000,000,000) shares of ARM Life Assurance to the appellant and other shares listed in the annexure alleged to have been used as collateral to secure the facilities. The respondent filed its defence and incorporated a counterclaim. The respondent sought in its counterclaim an order of the court directing the appellant to release and return to it all the assets belonging to the respondent and an order for general damages including costs.
The matter went to trial and at the end of proceedings, the learned trial judge dismissed the claim of the appellant. The trial court held that there was no shred of evidence presented by the appellant showing the draw down of the facilities allegedly granted to the respondent neither was there any evidence to show that the facilities were disbursed.
Furthermore, the court granted the counterclaim of the respondent by ordering the appellant to release and return all the assets belonging to the respondent. Dissatisfied with the judgment, the appellant filed a notice of appeal at the Court of Appeal, Lagos Division. The sole issue for determination is whether going by the state of the pleadings of the parties and evidence adduced, the learned trial judge was right in holding that the appellant failed to prove her case.