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54.1 (1) This Part deals with the situation where -

(a) a person is under a liability in respect of a debt or in respect of any money, goods or chattels and proceedings are taken against him, or are likely to be taken against him by two or more persons making adverse claims in respect of the debt, money, goods or chattels ; or

(b) a claim is made to any money goods or chattels

seized or intended to be seized by the marshal in

execution by a person other than the person against

whom execution has issued.

(2) The person under a liability under paragraph 1(a) or the

marshal may apply for relief.

(3) That procedure is called an interpleader.

54.2 (1) A person who makes a claim against any money, goods or

chattels seized or about to be seized by the marshal must give

written notice to the marshal.

(2) The notice must -

(a) give that person's name and address for service; and

(b) identify the money, goods or chattels claimed; and

(c) set out the grounds for his claim.

(3) Forthwith on receipt of the claim the marshal must give

written notice to the judgment creditor.

(4) Within 4 days after receiving the notice the judgment

creditor must give notice to the marshal admitting or

disputing the claim.

(5) Where the judgment creditor gives notice admitting the

claim -

(a) he is liable only for the fees and expenses of

the marshal incurred before the marshal receives his

notice; and

(b) the marshal must withdraw from possession of the

money goods or chattels; and

(c) the marshal may apply to the court for an order

restraining any action being brought against him in

respect of his having taken possession of the money,

goods or chattels.

(6) Where the judgment creditor gives notice disputing

the claim or fails to give notice and the claim is not withdrawn the marshal may apply to the court for relief under this Part.

54.3 (1) A person interpleads by filing an application for relief by

way of interpleader.

(2) The application must be filed -

(a) in the court office out of which the writ of execution

was issued; or

(b) if no writ of execution has issued but there are

proceedings in respect of the money, goods or

chattels, in the court office in which such proceedings are

being conducted; or

(c) where there are no such proceedings in any court office.

(3) An application other than by the marshal must be supported

by evidence that the applicant -

(a) claims no interest in the subject matter in dispute

other than for charges or costs; and

(b) does not collude with any of the claimants to that

subject-matter; and

(c) is willing to pay or transfer that subject-matter into

court or dispose of it as the court may direct.

54.4 (1) An application by the marshal must be served on the

judgment creditor and on the person claiming the money,

goods or chattels.

(2) An application by any other person must be served on

all persons making a claim to the money, goods or chattels.

54.5 (1) On an application by the marshal the court may unless any

claimant objects summarily determine the question in issue

between the parties and order accordingly.

(2) On any other application the court may order -

(a) that any person claiming the money. goods or chattels be made a defendant in any pending claim relating to such money, goods or chattels either in addition to or in substitution for the applicant for relief; or

(b) that the issue between two or more persons claiming

the money, goods or chattels be tried, and may direct

which person claiming is to be the claimant in those proceedings and which the defendant; or

(3) Where a person making a claim to any money, goods or

chattels who has been served with the application -

(a) fails to attend the hearing; or

(b) fails to comply with any order made by the court

the court may order barring that person and any persons

claiming under him forever from prosecuting his claim to the

money, goods or chattels as against the applicant and all

persons claiming under him.

(4) An order under paragraph (3) does not affect the rights as

between the persons claiming the money, goods or chattels.

54.6 On an application by a marshal who has seized any goods or chattels

where a person claims to be entitled to such goods by way of security,

the court may order that all or part of such goods or chattels be sold and

the proceeds applied in accordance with the order.