Categories: Be the FIRST to KNOW

POSITION OF THE LAW ON THE HEARING OF AN INTERPLEADER SUMMONS

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

JUDGMENT DATE: 8TH 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.

lawpavilion

Recent Posts

How the 1999 Constitution of the Federal Republic of Nigeria was Crafted by the Military between 1998 and 1999

The Federal Republic of Nigeria, by her Official Gazette No. 27, Vol. 86, of the…

1 day ago

‘Supreme Court’s Decision Nullifying National Lottery Act is Final, Binding’

Theophilus Abiodun Tokode opines that the National Lotteries Act, which sought to regulate lottery and…

3 days ago

Effect of a Written Statement on Oath Not Signed and Sworn to Before a Commissioner for Oaths

CASE TITLE: BUKAR v. GOV OF BORNO STATE & ANOR (2025) LPELR-80864(CA)JUDGMENT DATE: 9TH APRIL,…

4 days ago

Whether The Chiefs Law of Oyo State Violates the Right of Access to Courts

CASE TITLE: SIKIRU v. ODUBIYI & ORS (2025) LPELR-80805(CA)JUDGMENT DATE: 2ND APRIL 2025PRACTICE AREA: CHIEFTAINCY…

4 days ago

Element of Unfair/Corrupt Advantage

CASE TITLE: OLUSEGUN v. FRN (2025) LPELR-80700(SC)JUDGMENT DATE: 14TH MARCH 2025PRACTICE AREA: CRIMINAL LAW (OFFENCE…

4 days ago

The Doctrine of No Case Submission: A Legal Analysis.

By AbdulGaniy Adisa Jimoh Introduction The Administration of Criminal Justice Act, 2015 (ACJA) seeks to…

4 days ago