Facts:

The first appellant is a commercial bank with a Branch Post at Okwelle, near Okigwe in Imo State of Nigeria while the second appellant is employed as the Branch Manager of the 1st appellant at the Okwelle Branch Post. The respondent is a legal practitioner based in Owerri in Imo State of Nigeria.

On the 22nd August, 1986, the respondent who was the plaintiff at the lower court presented a cheque for the sum of N5,000.00 (Five thousand naira) only to the appellants who were the joint defendants before the lower court. This presentation was at the Okwelle Branch of the 1st appellant.

After a long wait of one and half hours, the cheque was dishonoured and returned to the respondent with an endorsement to wit: “signature irregular”.

The respondent made attempts at some explanations to the 2nd appellant but was rebuffed.