LEGAL PRINCIPLE: EVIDENCE LAW – Burden of Proof in Interpleader Proceedings – Burden Shifts to Judgment Creditor When Claimant in Possession
PRINCIPLE STATEMENT
In interpleader proceedings, the burden is generally on the claimant. However, where the claimant was in possession of the property at the time of attachment, the judgment creditor shall be deemed the plaintiff, and the burden of proof shifts to him.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Kala v. Potiskum & Anor (1998) NLC-1981994(SC) at pp. 20-21; Paras B--D.
"In inter-pleader summons proceedings, the burden is generally on the claimant... Where, however, the claimant was in possession of the property in issue at the time of its attachment, it would seem that the judgment creditor shall, in that case, be deemed a plaintiff and the burden of proof shall reverse accordingly. In that case, the onus must be on the judgment creditor to establish his claim."
EXPLANATION / SCOPE
In interpleader proceedings, possession determines the initial burden. The judgment creditor must prove that the property belongs to the judgment debtor. The principle protects the possessory rights of third parties. The rule applies to all interpleader cases. The court will examine who had possession at the time of attachment. The burden shifts to the party challenging possession. The principle ensures fairness in interpleader proceedings.
