IGUH, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Ibadan Division, which had on the 23rd day of November, 1989 allowed the appeal by the claimant/respondent from the decision of Lajide. J., sitting at IIe-Ife in the Ife Judicial Division of the High Court of Justice, Oyo State.
The issue in controversy between the parties arose from an interpleader proceeding. This was as a result of the attachment by the plaintiff judgment creditor/appellant of a 25 ton Manchetta Placenza Italy plant/vehicle, one of a number of chattels which, at all material times, were owned by the defendant/judgment debtor/respondent. It was the case of the claimant/respondent, relying on a provision of the building contract. Exhibit A. between it and the defendant/judgment debtor/respondent, otherwise also referred to as the contractor, that it had a special legal interest in the said plant/vehicle and that it was entitled to retain possession and the u…