POSITION OF THE LAW ON THE HEARING OF AN INTERPLEADER SUMMONS

CASE TITLE: OBUMSELI & ANOR v. UWAKWE (2019) LPELR-4693

JUDGMENT DATE: 8^TH MARCH, 2019

PRACTICE AREA: CIVIL PROCEDURE

LEAD JUDGMENT: JOHN INYANG OKORO, J.S.C.

SUMMARY OF JUDGMENT:

INTRODUCTION

This appeal borders on Civil Procedure.

FACTS

This is an appeal against the judgment of the Court of Appeal, Enugu Division delivered on the 16th day of October, 2008 wherein the Court upheld the decision of the learned trial Judge of the High Court of the former Bendel State (now Delta State) which had decided in favour of the claimant in the inter pleader action therein. By a default judgment obtained from the High Court of the former Bendel State, now Delta State and registered in the High Court of Anambra State, the Judgment Creditor sought to levy execution on the movable property of the Judgment Debtor. In the process, execution was levied on the property of a third party and the sheriff of the Onitsha High Court instituted an inter pleader summons, the subject matter of the appeal.

At the end of the hearing of the matter at the High Court, that Court found as a matter of fact and law that the subject matter of the execution – an OPEL OMEGA 2.0 car with Registration No. BE 318 ENU, Chasis No. WOL 000017J1004936 and Engine No. C21E25C93432 belonged to the claimant and ordered that the said vehicle be released to the claimant who was the mother (now deceased) of the judgment debtor.

Dissatisfied with the judgment of the learned Trial Judge, the appellant as the judgment creditor, appealed to the Court of Appeal, which after a careful consideration of the issues submitted for determination, dismissed the appeal. Further dissatisfied, the appellant appealed to the Supreme Court.

ISSUES FOR DETERMINATION

The Court determined the appeal based on the following issues for determination:

1. Whether the Court below was right in affirming the procedure adopted by the trial Court in determining the interpleader, the subject matter of this appeal.
2. Whether or not the Appellants were denied fair hearing.

DECISION/HELD

In the final analysis, the Court found no merit in the appeal and accordingly dismissed same.

RATIOS:

• PRACTICE AND PROCEDURE- INTERPLEADER PROCEEDINGS: Nature of Interpleader proceedings and whether hearing of the proceeding must be by oral or affidavit evidence
• EVIDENCE- AFFIDAVIT EVIDENCE: Effect of uncontroverted facts in an affidavit
• EVIDENCE- BURDEN OF PROOF/ONUS OF PROOF: Burden of proof in inter-pleader summons proceedings.