Order 26 FCT (Civil Procedure) Rules 2025

Order 26 of the Federal Capital Territory (FCT) High Court (Civil Procedure) Rules 2025 is about Interpleader. It contains the following rules:

1. Relief by way of Interpleader may be granted where the
   person seeking relief (the applicant) is under liability for
   any debt, money, goods, or chattels, for or on which he is, or
   expects to be sued by two or more parties (the claimants)
   making adverse claims. But where the applicant is a sheriff
   or other officer charged with the execution of process by or
   under the authority of the High Court, the provisions of
   Section 34 of the Sheriffs and Civil process Act and the rules
   made under it shall apply.
2. The applicant must satisfy the judge by affidavit or
   otherwise that he:
   (a) Claims no interest in the subject matter in dispute other
   than for charges or costs;
   (b) Does not collude with any of the claimants; and
   (c) Is willing to pay or transfer the subject matter into Court
   or to dispose of it as the judge may direct.

3. The applicant shall not be disentitled to relief by reason
   only that the titles of the claimants have no common origin,
   but are adverse to and independent of one another.
4. Where the applicant is a defendant, application for relief
   may be made at any time after service of the originating
   process.
5. The applicant may take out a summons calling on the
   claimants to appear and state the nature and particulars of
   their claims and to maintain or relinquish them.

6. If the application is made by a defendant in an action the
   Court may stay all further proceedings in the action.
7. If the claimants appear in pursuance of the summons, the
   Court may order either that any claimant be made a
   defendant in any action already commenced in respect of
   the subject matter in dispute in lieu of, or in addition to the
   applicant or that an issue between the claimants be stated
   and tried, and in the latter case may direct which of the
   applicants is to be claimant or defendant.
8. Where the question is a question of law and the facts are not
   in dispute, the Court may either decide the questions
   without directing the trial of an issue or order that a special
   case be stated for the opinion of the Court.

9. If a claimant, having been duly served with a summons
   calling on him to appear and maintain or relinquish his
   claim, does not appear in pursuance of the summons or
   having appeared, neglects or refuses to comply with any
   order made after his appearance, the Court may make an
   order declaring him and all persons claiming under him,
   for ever barred against the applicant and persons claiming
   under him but the order shall not affect the rights of the
   claimants as between themselves.

10. The Court may, in or for the purposes of any interpleader
    proceedings, make all such orders as to costs and all
    other matters as may be just.

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