OBADINA JCA (Delivering the Lead Judgment): This is an appeal against the decision of the Benue State High Court, sitting at Otukpo, presided over by Eko, J. delivered on the 24th day of October, 1996. The appellant was the Secretary to Oju Local Government Council, in Benue State.
In suit No. OHC/110/95, one Abel Obu, hereinafter called ‘the judgment creditor’, sued the Oju Local Government Council (hereinafter referred to as ‘the Local Government’), and obtained judgment against the local government, in the sum of N198,534.27k (one hundred and ninety eight thousand, five hundred and thirty-four naira, twenty-seven kobo) hereinafter called, the judgment debt. The local government did not pay the judgment debt. When the local government would not pay the judgment debt, the judgment creditor applied for and obtained from the court below, a writ of attachment against the moveable properties of the local government.
On the 4th of October, 1996, the judgment creditor armed with the writ o…