{"issue_text":"Whether the applicant should be allowed to execute the order notwithstanding the appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Spoliation order granted, appeals filed and lapsed"}
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background
Facts of the Case
Background
The applicant and 1st respondent entered into a farm swap agreement where they exchanged portions of land. After years of mutual benefit, the 1st respondent attempted to reverse the agreement and forcibly occupied the applicant's property. The applicant obtained a spoliation order on 3 March 2021, which the 1st respondent appealed. The applicant then sought leave to execute the judgment pending appeal.
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