{"issue_text":"Whether High Court can order execution pending appeal without violating constitutional provisions on court hierarchy","issue_type":"constitutional","dispositive":"no","related_facts":"Appeal pending in Supreme Court, High Court judgment granted"}
{"issue_text":"Whether common law jurisdiction to order execution pending appeal violates judicial impartiality requirements","issue_type":"constitutional","dispositive":"no","related_facts":"Single judge determining prospects of appeal to be heard by three Supreme Court judges"}
{"issue_text":"Whether appeal was lodged bona fide or merely to buy time","issue_type":"procedural","dispositive":"yes","related_facts":"Respondent left and returned, no alternative proceedings pending"}
{"issue_text":"Whether applicant would suffer irreparable harm without execution","issue_type":"factual","dispositive":"yes","related_facts":"Applicant unable to conduct church services, no alternative venue"}
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background
Facts of the Case
Background
The applicant church obtained a spoliation order against the respondent on 10 November 2021. The respondent appealed to the Supreme Court and sought referral of constitutional issues regarding the High Court's power to order execution pending appeal. The applicant sought execution pending appeal, arguing the appeal was merely to buy time.
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