Daniel Diep & Anor V. R. T. Briscoe Ltd. (1948)

LawGlobal Hub Judgment Report – West African Court of Appeal

Interpleader—Equitable charges held by Claimant and Judgment-Creditors-Release of charged property from attachment—Rules of the Supreme CourtOrder XI-IV, rule 25.

Facts

In interpleader proceedings, the appellant, as claimant, and the respondents, as judgment-creditors, established that each had an equitable charge over certain attached property. The trial Judge held that the respondents’ charge took priority and refused to release the property in favour of the claimant but made it clear that, in so doing, he did not say the appellant had no rights.

Held

On appeal, against the refusal to release the property, that to have granted the release would have resulted in a multiplicity of suits and perhaps in injustice to the respondents.

Appeal dismissed.