JUDGMENT
Sowah, JA
This appeal turns upon a short point of law which I believe has long been settled and it is, whether or not a decision in an interpleader proceedings is interlocutory or final; if it is not final then the respondent ought to have sought special leave in accordance with regulation 185 of the Local Courts Procedure Regulations, 1962 (L.I. 208); if it is, then the High Court was properly seised of the matter.
The facts of this case are that about 1952 the respondent's uncle took an action against the appellant's father in trespass. His uncle lost the action and costs were taxed against him. He was unable to pay the costs. Nearly ten or more years later, the successor to the judgment creditor attached a piece of land for sale in satisfaction of the judgment debt. In passing it should be mentioned that nothing in this appeal turns on the time lapse between the date of judgment and execution and no argument on it has been advanced before this court. The respondent took out …