LEMANU V. DUALA (YAKUBU-CLAIMANT)

OLLENNU J.: A claim in an interpleader suit, objecting to the sale of property in execution amounts to an averment that the execution-debtor has no right, title or interest in the attached property. The principle by which our courts have been guided in dealing with interpleader suits was embodied in Order 45, rule 25 (1) of the rules of procedure which was Schedule 2 to the Courts Ordinance1(1) now repealed. Those rules of procedure still apply to the district courts. The principle is as follows:

“25. (1) . . . if it shall appear to the satisfaction of the Court that the land or other immovable or moveable property was not in the possession of the party against whom execution is sought, or of some person in trust for him, or in the occupancy of persons paying rent to him at the time when the property was attached, or that, being in the possession of the party himself at such time, it was so in his possession not on his own account, or as his own property, but on account of, or in trust…