On the 9th June, 2022, the Defendant/Judgment Debtor/Applicant, (hereinafter referred to as the Applicant) filed a motion on notice in the Registry of this Court seeking relief by way of Interpleader under Order 48 Rule 1(a) & 3 of the High Court (Civil Procedure) Rule, 2004 (C.I.47), and praying the Court for an Order to pay the Judgment Debt into Court.
The antecedents to this case is that the Plaintiff/Judgment Creditor/Respondent (hereinafter referred to as the Respondent)obtained Default Judgment against the Applicant and applied for a Garnishee Order Nisi on 24th May, 2022 and same was granted for the Garnishees to show cause on the 10th of June, 2022. Before the Garnishee could be heard, the Applicant filed this application for relief by way of Interpleader. The main thrust of their application are in paragraphs 6 - 11
6. That the 1st Claimants are in the course of enforcing this honourable Court’s Judgment in Default of Appearance against the Applicant by way of Garnishee proceedings…
7. That the end, Claimant has sued the Applicant claiming to have an interest in the sums of money sought to be garnisheed by the 1st Claimant against the Applicant
8. that the 2nd Claimant has applied to the General Jurisdiction Division of this Court for (i) an order of interlocutory injunction restraining the Applicant from transferring any monies due Mining Equipment International (the monies sought to be garnished by the 1st Claimant) to the 1st Claimant; and (ii) an order for preservation of funds due Mining Equipment International from the Applicant (the monies sought to be garnished by the 1st Claimant) and for same to be paid into Court
9. That the 1st Claimant and the 2nd Claimant lay adverse claims against the Applicant for monies payable by the Applicant to Mining Equipment International) a liquidated entity that supplied gearboxes to the Applicant
10. That Applicant claims no interest in the monies claimed by the 1st and 2nd Claimants against Applicant, and Applicant is not in collusion with any of the Claimants and is willing to pay the monies claimed by the Claimants into Court as the interest of justice requires
11. It is in the interest of justice for this Court to order the Applicant to pay monies sought to be garnished by the 1st Claimant into Court pending this Honourable Court’s determination of the right person entitled to the monies claimed.
On the 13th of July, 2022 a Supplementary Affidavit in Support was filed by the Applicant i
