217Matters to be proved

217 Matters to be proved

(1)  Before relief by way of interpleader may be granted, the applicant is to satisfy the Court or a judge by affidavit or otherwise –

(a) that the applicant does not claim an interest in the subject matter in dispute, other than for charges or costs; and

(b) that the applicant is not colluding with any claimant; and

(c) that the applicant is willing to pay or transfer the subject matter into Court or to dispose of it as the Court or a judge may direct.

(2)  Subrule (1)(c) does not apply where the Sheriff –

(a) has seized real or personal property; and

(b) has withdrawn from possession in consequence of the execution creditor admitting the claim of the claimant under rule 224(4) .