“Interpleader summons procedure is applicable where the goods and/or chattels of a person not named in the writ of fifa is attached and the person comes forward to claim his property. In such a proceeding, as a general rule, the claimant is deemed to be the plaintiff and the judgment creditor, the defendant. Accordingly, the onus is generally on the claimant, as the plaintiff in the proceedings, to establish title to the property he claims. See Olatunde v Obafemi Awolowo University & Anor (1998) 5 NWLR (pt 549) 178, (1998) LPELR – 2575 (SC), Kala v Potiskum & Anor (1998) 3 NWLR (pt 540) 1, (1998) LPELR-1648 (SC).” Per OKORO, J.S.C. at P. 4, Para. C.
CHIEF V. C. OBUMSELI v. CHINYELUGO P. UWAKWE (2019-LCER-36847-SC)
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 below 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 interpleader action therein. A synopsis of the facts will illuminate the judgment.
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 this appeal.
At the end of the hearing of the matter at the trial 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 is the mother (now deceased) of the judgment debtor.
Dissatisfied with the judgment of the learned Trial Judge, the appellant herein as the judgment creditor, appealed to the Court below, which after a careful consideration of the issues submitted for determination, dismissed the appeal.
Further dissatisfied, the appellant has appealed to this Court vide Notice of appeal filed on 11th November 2008 which contains four grounds of appeal.
Issues
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.
Lead Judge(ment)
JOHN INYANG OKORO, J.S.C. (Delivering the Lead Judgment):
Held
Unanimously dismissing the appeal.
Alternate Citations
Read Full Judgment
Counsel:
A. A. Ononye, Esq……For Appellant
And
J. R. Nduka with him, R.E. Nduka…..For Respondent
For Appellant(s)
For Respondent(s)
Counsel’s Photograph(s) Needed.