|
ORDER 14
INTERPLEADER
Entitlement
to relief by way of interpleader
1. A person
may apply to the Court for relief by way of
interpleader if
(a)
that person, referred to as the applicant,
is under liability for a debt, money or
goods for which the applicant is or expects
to be sued by two or more parties, referred
to as the claimants, who claim adverse
titles to the debt, money or goods, or
(b)
that person is a Registrar or other officer
of the Court charged with the execution of
process by or under the authority of the
Court, and a claim is made to
(i) property
taken or intended to be taken in execution
under a process, or
(ii) the
proceeds or value of the property by a
claimant other than the person against whom
the process is issued.
Mode of
application
2.
(1) An application for relief under this Order shall be made by motion on
notice to the claimants.
(2) On the
hearing of the application, the Court may
order the claimants to appear and state the
nature and particulars of their claims . and
either maintain or relinquish them.
Application
by defendant
3.
Where
the applicant is a defendant the application
for relief may be made at any time after the
service of the writ of summons or other
process originating the action and the
Court shall stay further proceedings until
the application has been dealt with.
Matters to
be proved by applicant
4.
The applicant shall satisfy the Court by affidavit or otherwise that the
applicant
(a)
claims no interest in the subject matter in
dispute, other than for charges or costs,
(b)
is not
in collusion with any of the claimants, and
(c)
is willing to pay or transfer the subject matter into Court or to dispose
of it as the Court directs.
Date
for claimants to appear in court 5.
An order under
rule 2(2) shall
(a)
specify the date on which the claimants shall appear in Court, and
(b)
be served on the
claimants .
Filing of
particulars of claimants claim
6.
(1) Not later
than seven days after the Court makes an order
under rule 2(2) or after service of the order on
the claimants, if the Court so directs, a
claimant who intends to maintain a claim shall
file in the registry particulars of the claim,
and notice of the particulars of the claim shall
be given to every other claimant and to the
applicant.
(2) A claimant
who fails to file the particulars of the claim
may not be heard by the Court and shall be
considered to have abandoned the claim unless
the Court directs otherwise and grants the
claimant extension of time within which to file
the particulars.
Order upon
appearance of claimants
7. If more than
one claimant appears as a result of an order
made under rule 2(2), the Court may either order
(a)
one of the
claimants to be made a defendant in an action
already commenced in respect of the subject
matter in dispute, instead of or in addition to
the defendant, or
(b)
that an
issue between the claimants be stated and tried
and in this case may direct which of the
claimants is to be plaintiff and which
defendant.
Disposal in
summary manner
8.
The Court may summarily determine the questions in issue between the
claimants and make an order on terms that it
considers just where (a) the claimants
consent or one of them so requests, or
(h)
the question in issue between the parties is a question of law and the
facts are not in dispute.
Power to order
sale of goods taken in execution
9.
Where an application for relief under this Order is made by Registrar who
has taken possession of goods or chattels for
the purpose of sale ill execution of any
process, and a person claims to be entitled t
the goods or chattels or any part of the goods
or chattels under a bill sale or otherwise, the
Court may direct that the proceeds of sale
applied in a manner and on terms that the Court
considers just.
Failure to
appear or default of claimant
.
10.
(1) The
Court may make an order to declare a claimant
and any person who claims under the claimant
forever barred against the applicant and
persons claiming under the applicant if the
claimant is ordered by the Court to appear and
maintain or relinquish the claim and the
claimant,
(a)
does not
appears in accordance with the order, or
(b)
appears but neglects or refuses to comply with
an order made after the appearance.
Other powers
11.
(1) Subject
to this order, the Court may in interpleader
proceedings, give judgment or make an order that
it considers necessary to dIspose finally of all
questions that arise from the proceedings and
may make an order in respect of costs or any
other matter that it considers .lust.
(2) An order
under submle (1) does not affect the rights of
the clailnants between themselves.
|
