2.
The Court shall have the power to make or refuse an order for stay of execution or of
proceedings subject to such conditions as shall appear just including the deposit in Court of any
money adjudged due to any party in the Judgment appealed to or from.
Compilation of records.
3.
An applicant for stay of proceedings or execution of a Judgment shall cause to be compiled the
records of appeal within ninety days from the date of filing a notice of appeal and where the record is
not so compiled, the respondent may apply to strike out the application or discharge the order if
already granted.
Application for stay to be treated as urgent.
4.
(1)
Application for stay of proceedings or execution shall be regarded as an urgent matter.
(2)
Where the Court has refused an application for stay, no application for stay of proceedings or
execution shall be made to it on the same matter.
Formal order to be drawn up.
5.
Where any application is made to the Court under this order, a formal order shall be drawn up
embodying the terms of the decision of the Court and bearing the date upon which the order is
made.
ORDER 33
INTERPLEADER
Entitlement to relief by way of interpleader
1.
(a)
(b)
(1) Wherea person is under a liability in respect of a debt or in respect of any money, goods or
chattels and he is, or expects to be sued for or in respect of that debt or money or those goods or
chattels by two or more persons making adverse claims thereto; or.
claim is made to any money, goods or chattels taken or intended to be taken by a sheriff in
execution under any process, or to the proceeds or value of any such goods or chattels by a person
other than the person against whom the process is issued,
The person under liability as mentioned in sub-rule (1) (a) of this rule or, as the case may be, the
sheriff, may apply to the Court for relief by way of interpleader.
(2)
Reference in this order to sheriff shall be construed as including references to any other officer
charged with the execution of process by or under the authority of the Court.
Claim to goods etc. taken in execution.
2.
(1) Any person making a claim to or in respect of any money, taken in goods, or chattels taken or
intended to be taken under process of the Court or to the proceeds or value of any such goods or
chattels, shall give notice of his claim to the sheriff charged with the execution of the process and