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r 12.02

Stakeholder's interpleader

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Part 2* * *

12.02 Stakeholder's interpleader

(1)

If—

(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 2 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)

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

(3)

A summons under paragraph (2)—

(a)

must be served on each party to the proceeding who is a claimant; and

(b)

must be served personally on each claimant who is not a party; and

(c)

must be in the form of Form 12A.

(4)

If paragraph (2) does not apply, an application under paragraph (1) must be commenced by complaint in which all claimants are joined as defendants.

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