Facts:

The 2nd and 3rd respondents are employees of the 1st respondent – a commercial
bank. The appellant is a company engaged in the business of importation. The
appellant alleged that in February, 1999 the 2nd and 3rd respondents at the Coker,
Badagry branch of the 1st respondent, collected the sum of N14,089,500 (Fourteen
Million, Eighty Nine Thousand, Five Hundred Naira) from the appellant for the
purpose of foreign exchange of $155,000 (One Hundred and Fifty Five Thousand
United States Dollars) meant for the appellant’s overseas supplier of goods. The
money was alleged to have been collected but no foreign exchange was provided
and sent to the appellant’s supplier of goods. The appellant proceeded to pay
another N14,089,500.00 (Fourteen Million, Eighty Nine Thousand, Five Hundred
Naira) to the 1st respondent after the first transaction failed. The 1st respondent
eventually procured the foreign exchange of $155,000 (One Hundred and Fifty
Five Thousand United States Dollars) and sent same to the appellant’s supplier of
goods. The appellant alleged that it made repeated demands for the refund of the
initial sum of N14,089,500 (Fourteen Million, Eighty Nine Thousand, Five Hundred
Naira) paid to the 2nd and 3rd respondents and that the respondents paid part of it
leaving the balance of N5,340,000.00. (Five Million, Three Hundred and Forty Thousand Naira) unpaid.

The appellant filed a suit against the respondents for the balance at the High
Court of Lagos State. The 2nd and 3rd respondents did not contest the suit. The 1st
respondent, who challenged the suit, alleged that the 2nd and 3rd respondents
acted without authority in their dealings with the appellant in the failed transaction
and that it never made any refund to the appellant. After hearing the parties on
the suit, the trial judge gave judgment in favour of the respondents holding that
the appellant failed to prove its case.

The appellant was dissatisfied with the decision of the trial judge and consequently,
filed a notice of appeal at the Court of Appeal, Lagos Division. The sole issue for
determination is whether the trial court was right in holding that the appellant
failed to prove its claim against the respondents thereby dismissing the appellant’s
case against all the three respondents.