Facts:

The appellant was a customer of the 2nd respondent bank and the 1st respondent was the 2nd respondent’s bank manager. The appellant took an overdraft of N40,000 (forty thousand naira) from the 2nd respondent in addition to the amount he had in his account to enable him purchase a motor vehicle. He bought the vehicle and within two weeks of purchase, had mechanical fault. He approached the 2nd respondent for additional overdraft to enable him carry out the necessary repairs on the car. The 1st respondent instead of advancing further overdraft to the appellant, requested him to hand over the vehicle and the particulars to him so that he could take it to Lagos for repairs on his behalf.