You represent a commercial bank that holds TZS 200 million in a fixed deposit account. Two people, A (the depositor’s son) and B (the depositor’s business partner), have each written to the bank demanding payment of the money. A claims he is the heir to the depositor who passed away, while B claims the money belongs to the partnership and must be released to him. To avoid double liability and accusations of bias, what is your proper course of action?

You represent a commercial bank that holds TZS 200 million in a fixed deposit account. Two people, A (the depositor’s son) and B (the depositor’s business partner), have each written to the bank demanding payment of the money. A claims he is the heir to the depositor who passed away, while B claims the money belongs to the partnership and must be released to him. To avoid double liability and accusations of bias, what is your proper course of action?

Answer: As the bank has no beneficial interest in the TZS 200 million other than legitimate charges, it should institute an interpleader suit under Order XXXIII Rule 1 & section 63 of the Civil Procedure Code, Cap. 33 R.E. 2023.

In the plaint, the bank must show:

1. It holds the disputed funds;
2. It has no claim to the funds except normal charges/costs;
3. Two or more persons (A and B) are making adverse claims to the same fund; and
4. The bank is ready to deposit the money in court pending determination.

Upon filing, the court may:

• Issue an order restraining A and B from instituting or continuing separate proceedings against the bank on the same fund (O. XXXIII R. 3).
• Direct A and B to litigate the matter inter se to determine entitlement.
• Discharge the bank from further liability once it deposits the money in court (O. XXXIII R. 4(1)(a)).

This ensures the bank avoids double payment or contempt of court claims while protecting itself from accusations of favoritism between competing claimants.

Necessary document:

• Interpleader Plaint, stating that the plaintiff claims no interest in the subject matter in dispute other than for charges or costs.
• If ordered, Deposit Order to pay the funds into court.

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