Order 41 — Interpleader

Relief by way of Interpleader may be granted where the person seeking relief (“the Applicant”) is:
(a) under liability for any debt, money, goods or chattels, for or in respect of which he is, or expects to be sued by two or more parties (“the Claimants”) making adverse claims thereto;
(b) claims entitled to any money or chattels taken or intended to be taken by the Sheriff in execution under a process or to the proceeds or value of such chattels: Provided that where the Applicant is a Sheriff or other officer charged with the execution of process by or under the authority of the High Court, the provisions of the Sheriffs and Civil Process Act and the Rules made thereunder shall apply.

The Applicant must satisfy the Judge by affidavit or otherwise that he:
(a) claims no interest in the subject matter in dispute other than for charges or cost;
(b) does not collude 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 Judge may direct.

The Applicant shall not be disentitled to relief by reason only that the titles of the Claimants do not have a common origin, but are adverse to and independent of one another.

Where the Applicant is a Defendant, application for relief shall be made after service of the Originating Process.

The Applicant may take out a Summons calling on the Claimants to appear and state the nature and particulars of their claims and either to maintain or relinquish them.

Where the application is made by a Defendant in an action, the Judge may stay further proceedings in the action.

Where the Claimants appear in pursuance of the Summons, the Judge may order either that any Claimant be made a Defendant in any action already commenced in respect of the subject matter in dispute in lieu of or in addition to the Applicant or that an issue between the Claimants be stated and tried and in the latter case, may direct which of the Claimants is to be Claimant and which is to be Defendant.

Where the question is a question of law and the facts are not in dispute, the Judge may either decide the questions without directing the trial of an issue or order that a special case be stated for the opinion of the Judge. Where a special case is stated, Order 26 shall apply mutatis mutandi.

Where a Claimant, having been duly served with a Summons calling on him to appear and maintain or relinquish his claim, does not appear in pursuance of the Summons or having appeared, neglects or refuses to comply with any Order made after his appearance, the Judge may make an Order declaring him and all persons claiming under him, forever barred against the Applicant and persons claiming under him but the Order shall not affect the rights of the Claimants as between themselves.

The Judge may, in or for the purposes of any Interpleader Proceedings, make all such Orders as to costs and all other matters as may be just.