JEBSEN & JESSEN GMBH V. THIRD IMAGE ALUMINIUM MANUFACTURING CO. LTD & YARO FUSIENI ALFA

JUDGMENT

This judgment is in respect of an interpleader proceedings brought pursuant to Order  44 Rule 12(1) of the High Court (Civil Procedure) Rules, 2004, C.I. 47 by the  Claimant, who alleges ownership of certain industrial machines attached by the  Bailiff of this Court in execution of the Consent Judgment.

The Plaintiff/Judgment Creditor disputes the claim and contends that the machines  that have been attached belong to the Judgment Debtor and are properly under  attachment. 

I have carefully considered the respective Affidavits of Interest and Dispute as well  as all attached Exhibits. In the view of the Court, there are no contentious questions  of law and the facts are not in dispute. I will go ahead and summarily determine this  issue between the Claimant and Plaintiff/Judgment Creditor in accordance with  Order 48 Rule 8 of C.I. 47 which provides as follows; 

“Where the Claimants consent or any of them so requests, or where the  question in issue between the parties is a quest…