Order 44 — Interpleader

Relief by way of Interpleader may be granted where the person seeking relief (“the Applicant”) is 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:

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 under it shall apply.

The Applicant shall apply for relief by an Interpleader Summons calling on the Claimants to appear and state the nature and particulars of their claims, and either to maintain or relinquish them, and must satisfy the Judge, by affidavit or otherwise, that the Applicant:

(a) claims no interest in the subject matter in dispute other than for charges or costs;

(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 have not a common origin, but are adverse to and independent of one another.

Where the Applicant is a Defendant, application for relief may be made at any time after service of the originating process.

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

If 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 Plaintiff and which is to be Defendant.

Where the question is a question of law and the facts are not in dispute, the Judge may decide the questions without directing the trial of an issue or order that a special case be stated for the opinion of the Judge. If a special case is stated, Order 31 of these Rules shall, as far as applicable, apply thereto.

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

The Judge may, in or for purpose of any Interpleader proceedings, make all such orders as to costs and all other matters as may be just.