APALOO C.J.
This appeal was extremely well argued by counsel on both sides. However, on the conclusion of arguments last Friday, each member of this court independently came to the same conclusion. Although the issues canvassed and the arguments presented to us strayed a little, it is clear to us that on this interlocutory appeal, the only issue of substance is whether on the pleadings and affidavits placed before the court, there is the need to preserve the motor grader in dispute in status quo so that irreparable damage may not be caused to the applicant-appellant. There is also the correlative issue: which of the parties would suffer the greater hardship if this application were refused?
In this area of property preservation pending suit, judicial pronouncements have not been wholly consistent. But in Vanderpuye v. Nartey [1977] 1 G.L.R. 428, C.A. this court took the trouble to lay down what it considered to be the guiding principle. Having done that, it felt obliged to differ from …