Mandament van spolieUrgent applicationExecution pending appeal
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ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the application for leave to execute pending appeal is urgent","issue_type":"procedural","dispositive":"no","related_facts":"Application filed as urgent chamber application"}
{"issue_text":"Whether leave to execute should be granted pending appeal","issue_type":"mixed","dispositive":"yes","related_facts":"Appeal noted without leave; provisional order granted"}
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background
Facts of the Case
Background
The applicant obtained a provisional order against the respondent on 12 February 2013 in HC 1002/13 through urgent chamber application for a mandament van spolie. The respondent filed a notice of appeal to the Supreme Court on 15 February 2013. The applicant then brought this urgent application for leave to execute the provisional order pending determination of the appeal.
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