Facts:

The appellant is a customer of the respondent. In 2009, the respondent granted facilities to the appellant to the tune of N240,000,000,00. (Two Hundred and Forty Million Naira). In 2010, the appellant filed a suit against the respondent at the High Court of Lagos State alleging unlawful deductions from its account and breach of the Central Bank of Nigeria (CBN) guidelines relating to interest chargeable on a facility. The appellant sought declaratory relief that the respondent is bound by the Banks and other Financial Institutions Act (BOFIA), CBN guidelines and Regulations, custom and trade practices relating to banking business in Nigeria.
Furthermore, the appellant sought declaratory relief that the charge of interest on the facility is oppressive, wrongful and contrary to CBN Regulations and the contract between the parties. The appellant also alleged that the wrongful charges on its account by the respondent increased its financial obligation to the respondent and that an injunction be granted in its favour to prevent the respondent from proceeding against its properties used in securing the facilities. The process was served on the respondent who filed its defence and incorporated a counterclaim. The respondent denied the allegations of the appellant and counterclaimed the sum of N252,623,888.10 (Two Hundred & Fifty Two Million, Six Hundred and Twenty Three Thousand, Eight Hundred and Eighty Eight Naira, Ten Kobo) being the outstanding sum as at the 30th of January, 2011on the credit facility granted to the Claimant by the Defendant in September 2009. The matter went to trial and at the end of proceedings, the court dismissed the claims of the appellant on the ground that it failed to adduce evidence in support of its claims while granting the counterclaim of the respondent. In dismissing the claims of the appellant, the court held that the only evidence adduced by the appellant was an audit report which contained irregularities and which the court could not rely upon.
The appellant was dissatisfied with the judgment of the trial court and filed a notice of appeal at the Court of Appeal, Lagos Division urging the court to reverse the trial court. One of the issues for determination is whether the learned trial judge was right in holding that the only evidence adduced by the appellant fell short of the requirement of the Evidence Act and insufficient to entitle the appellant to the declaratory reliefs sought.