The plaintiff sought an order to compel the sale of assets (a property, rural land, and vehicles) under Rule 45.01 and 45.02 of the Rules of Civil Procedure, alleging asset deterioration and seeking payment into court.
The defendants raised a jurisdictional objection, arguing a Master could not vary a judge's preservation order or grant mandatory injunctive relief.
The Master declined jurisdiction, finding that compelling a sale would effectively set aside or vary existing preservation orders made by a judge, and that mandatory orders are exclusively for judges.
Alternatively, the Master found that even if jurisdiction existed, the relief would not be granted as the assets were adequately protected by existing orders and undertakings, and compelling a sale would prejudice the defendants and a non-party (Jonathan Rewa) without a proven claim.
The motion was dismissed.
