MYTIME REALTY ESTATE vs. MENDA DEV’T CONST. LTD & . MOCHER CO. LTD (AND) WILLIAM TABIL DUNCAN ESSILFIE & DOROTHY ESSILFIE

JUDGMENT 1. INTRODUCTION [i] ORDER 48 OF THE HIGH COURT (CIVIL PROCEDURE) RULES, 2004, CI 47 on INTERPLEADER provides: Rule 1 — Entitlement to Relief by way of Interpleader A person may apply to the Court for relief by way of interpleader where (a) the person seeking relief, in this Order referred to as "the applicant" is under liability for any debt, money or goods for or in respect of which the person is or expects to be sued by two or more parties in this order referred to as "the claimants" making adverse titles thereto; or (b) the person seeking relief is a Registrar or other officer of the Court charged with the execution of process by or under the authority of the Court, and a claim is made to any property movable or immovable taken or intended to be taken in execution under any process or to the proceeds or value of any of the property by any claimant other than the person against whom the process is issued. Rule 2 — Mode of Application (1) An...