This ruling seeks to determine the merit of the legal objection to the propriety of a joint affidavit of interest filed by the claimants herein on 28th April, 2017.
On 26th April, 2017 the court granted the claimants a 7 day extension period within which to file their particulars of claim in the instant interpleader action. It is based on this order that the claimants filed the aforesaid affidavit of interest.
When the matter came up for hearing on 8th May, 2017, counsel for the plaintiff/judgment creditor raised legal objection to the propriety of the joint affidavit before this court.
The gravamen of counsel’s objection is to the effect that the affidavit of interest filed by the claimants is not in compliance with the order of the court made under Order 48 rule 6 (1) of C.I. 47. Counsel argued that it is inappropriate for the claimants to file an affidavit of interest while they have been ordered by the court to file particulars of claim. Counsel argued that under Order 48 rule …