<p><strong> ADAMU JCA (Delivering the Lead Judgment): </strong> The first respondent (as plaintiff) instituted the present suit against the appellant (as defendant) claiming the sum of N173,757.23 being a debt owed by the said appellant consequent upon some facilities or overdrafts granted by the respondent in his favour. The 1st respondent also claimed 21% interest on the said sum from 26/5/95 to the date of judgment and 10% interest thereafter until the entire debt is liquidated. Pleadings were filed and exchanged on the above claims and the trial commenced. At the end of the trial, judgment was A entered on 3/6/98 in favour of the plaintiff/respondent (hereinafter called “the respondent”) and against the defendant/appellant (also hereinafter called “the appellant”). On 23/6/98, the1st respondent filed an <em> ex parte </em> application before the trial court seeking for an order of attachment and sale of plot No. 14A Mallam Madori Road, Old Panteka Market, Kaduna, in satisfaction of the judgment dated 3/6/98. …</p>