PRESSING NEEDS (PLAINTIFF) vs. STAR ASSURANCE (DEFENDANT) AND QUALITY INSURANCE (PLAINTIFF) vs. STAR ASSURANCE (DEFENDANT)

The core issue which I am to adjudicate upon in this application is as to whether or not the vehicles the subject-matter of dispute should be sold and the money paid into court to prevent further deterioration. The applicant, Quality Insurance Company Limited contends that the vehicles are exposed to the vagaries of the weather and are deteriorating. I have read the affidavits filed by the parties for and against the motion. I have given consideration to the oral submissions made by both counsel. Thoughtful consideration has been given to the principles governing applications of this nature and the High Court (Civil Procedure) Rules, 2004 C.I.47 where it is provided in order 25 rules 2(1) and 4(1) as follows:- ‘2(1) on the application of any party to a cause or matter the court may make an order for the detention, custody or preservation of any property which is the subject-matter of the cause or matter or in respect of which any question may arise in the actions, or may order t.....