KINGDON, C..J., NIGERIA, PETRIDES, C.J., GOLD COAST AND GRAHAM PAUL, C.J., SIERRA LEONE.
The following is the case stated for the opinion of this Court :-
“1. This interpleader action was commenced on May 28th, 1940. On July 12th dismissed the action for the reasons which hereinafter appear.
“2. In August, 1933 Interpleader Action No. 26 of 1933 was instituted by the present claimant against the present judgment-creditor in respect of the attachment of the same land which is the subject matter of action No. 15 of 1940. The causes of action in the two cases are identical.
“3. After 46 adjournments No. 26 of 1933 came before me for hearing on March 10th, 1939, when Counsel for the claimant asked for a further adjournment as his witnesses were not ready. I refused this application and in accordance with Cap. 4 Schedule 3 Order 34 Rule 2 ordered that the cause be struck out. 1 added that so far as I was concerned I would not restore it to list. (Copy of entry in record attached ‘A’).
“4. No a…