SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 12.02 Stakeholder's interpleader

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 12.02

    (1)     Where—

        (a)     a person is under a liability (otherwise than as a sheriff) in respect of a debt or other personal property; and

        (b)     the person is sued or expects to be sued in any court for or in respect of the debt or property by two or more persons making adverse claims to or in respect of the debt or property—

the Court may, on application by that person, grant relief by way of interpleader.

    (2)     Where a stakeholder is sued in a proceeding in the Court for or in respect of the property in dispute, an application under paragraph (1) shall be made by summons in the proceeding.

    (3)     A summons under paragraph (2)—

        (a)     shall be served on each party to the proceeding who is a claimant; and

        (b)     shall be served personally on each claimant who is not a party.

    (4)     Where paragraph (2) does not apply, an application under paragraph (1) shall be commenced by originating motion in which all claimants are joined as defendants.