ORDER
17
INTERPLEADER
Entitlement to relief by way of interpleader (O.
17, r. 1)
1.
Where —(a)
the person seeking relief is under
liability for any debt, money or goods or chattels, for or in respect
of which he has been or expects to be, sued by 2 or more parties
making adverse claims thereon; or
(b)
the Sheriff or other officer of the
Court is charged with the execution of process of the Court, and
claim is made to any money or goods or chattels taken or intended
to be taken in execution under any process, or to the proceeds or
value of any such goods or chattels by any person other than the
person against whom the process is issued, and to order the sale
of any property subject to interpleader proceedings,
the person under liability or (subject
to Rule 2) the Sheriff, may apply to the Court for relief by way
of interpleader.
Claim to goods, etc., taken in execution (O. 17,
r. 2)
2.
—(1)
Any
person making a claim to or in respect of any money, goods or other movable
property taken or intended to be taken in execution under process
of the Court, or to the proceeds or value of any such goods or property,
must give notice of his claim in Form 22 to the Sheriff charged
with the execution of the process and must include in his notice
a statement of his address, and that address shall be his address
for service.
(2)
On receipt of a claim made under this
Rule the Sheriff must forthwith give notice thereof in Form 23 to
the execution creditor and the execution creditor must, within 4
days after receiving the notice, give notice in Form 24 to the Sheriff
informing him whether he admits or disputes the claim. An execution
creditor who gives notice in accordance with this paragraph admitting
a claim shall only be liable to the Sheriff for any fees and expenses
incurred by the Sheriff before receipt of that notice.
(3)
Where —(a)
the Sheriff receives a notice from
an execution creditor under paragraph (2) disputing a claim, or
the execution creditor fails, within the period mentioned in that
paragraph, to give the required notice; and
(b)
the claim under this Rule is not withdrawn,
the Sheriff may apply to the Court
for relief under this Order.
(4)
The Sheriff who receives a notice
from an execution creditor under paragraph (2) admitting a claim
under this Rule shall withdraw from possession of the money, goods
or other movable property claimed.
Mode of application (O. 17, r. 3)
3.
—(1)
An
application for relief under this Order must be made by originating summons
unless made in a pending action, in which case it must be made by
summons in the action in Form 25 or 26 whichever is appropriate.
(2)
[Deleted by
S 806/2005]
(3)
Subject to paragraph (4), an originating
summons or a summons under this Rule must be supported by evidence
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
to that subject-matter; and
(c)
is willing to pay or transfer that
subject-matter into Court or to dispose of it as the Court may direct.
(4)
Where the applicant is the Sheriff,
he shall not provide such evidence as is referred to in paragraph
(3) unless directed by the Court to do so.
Service of originating summons or summons (O. 17,
r. 4)
4.
—(1)
Unless
the Court otherwise orders, the originating summons or an interpleader
summons ordered under Rule 3 must be served at least 7 days before
the return day.
(1A)
The originating summons referred to
in paragraph (1) must be served personally.
(1B)
The interpleader summons referred
to in paragraph (1) need not be served personally unless ordered
by the Court.
(2)
An interpleader summons must be in
one of the forms in Form 27.
Powers of Court hearing originating summons or summons
(O. 17, r. 5)
5.
—(1)
Where
on the hearing of an originating summons or a summons under this Order
all the persons by whom adverse claims to the subject-matter in
dispute (referred to in this Order as the claimants) appear, the
Court may order —(a)
that any claimant be made a defendant
in any action pending with respect to the subject-matter in dispute
in substitution for or in addition to the applicant for relief under
this Order; or
(b)
that an issue between the claimants
be stated and tried and may direct which of the claimants is to
be plaintiff and which defendant.
(2)
Where —(a)
the applicant in an originating summons
or a summons under this Order is the Sheriff;
(b)
all the claimants consent or any of
them so requests; or
(c)
the question at issue between the
claimants is a question of law and the facts are not in dispute,
the Court may summarily determine the
question at issue between the claimants and make an order accordingly
on such terms as may be just.
(3)
Where a claimant, having been duly
served with an originating summons or a summons for relief under
this Order, does not appear on the hearing or, having appeared,
fails or refuses to comply with an order made in the proceedings,
the Court may make an order declaring the claimant, and all persons
claiming under him, forever barred from prosecuting his claim against
the applicant for such relief and all persons claiming under him,
but such an order shall not affect the rights of the claimants as
between themselves.
Power to order sale of goods taken in execution (O.
17, r. 6)
6.
Where
an application for relief under this Order is made by the Sheriff
who has taken possession of any goods or other movable property
in execution under any process, and a claimant alleges that he is
entitled, under a bill of sale or otherwise, to the goods or property
by way of security for debt, the Court may order those goods or
property or any part thereof to be sold and may direct that the
proceeds of sale be applied in such manner and on such terms as
may be just and as may be specified in the order.
Power to stay proceedings (O. 17, r. 7)
7.
Where
a defendant to an action applies for relief under this Order in
the action, the Court may by order stay all further proceedings
in the action.
Other powers (O. 17, r. 8)
8.
Subject
to Rules 1 to 7, the Court may in or for the purposes of any interpleader proceedings
make such order as to costs or any other matter as it thinks just.
One order in several causes or matters (O. 17, r.
9)
9.
Where
the Court considers it necessary or expedient to make an order in
any interpleader proceedings in several causes or matters pending
before different Judges, the Court may make such an order; and the
order shall be entitled in all those causes or matters and shall
be binding on all the parties to them.
Discovery (O. 17, r. 10)
10.
Orders
24, 26 and 26A shall apply, with the necessary modifications, in
relation to an interpleader issue as they apply in relation to any
other cause or matter.
Trial of interpleader issue (O. 17, r. 11)
11.
—(1)
Order
35 shall apply, with the necessary modifications, to the trial of
an interpleader issue as it applies to the trial of an action.
(2)
The Court by whom an interpleader
issue is tried may give such judgment or make such order as finally
to dispose of all questions arising in the interpleader proceedings.
(3)
The judgment must be in one of the
forms in Form 28.