AMIRU SANUSI, J.C.A. (Delivering the Leading Judgment): This appeal emanates from the judgment of Kano State High Court of Justice (the lower court) delivered on 4th October, 2004. At the lower court, the respondent as plaintiff, sued the appellant as defendant thereat, challenging the action of the defendant/appellant in refusing to allow him withdraw an overdraft for the sum of Seventy Million Naira facility which he earlier applied for and same was approved by the defendant/appellant bank and the overcharging of its account to the tune of Twenty one million eighteen thousand, one hundred and thirty four Naira eleven kobo N21,018,134.11k).
The facts of the case which gave rise to this appeal are that, having obtained approval of overdraft facilities from the appellant, the defendant/respondent applied to withdraw the sum of Fifty million Naira in order to off-set another loan which was granted by another bank and also to enhance its working capital. The appellant refused to allow th…