(1) Every petition shall conclude with the form or order prayed and be verified upon oath by or on behalf of the petitioner. 10. Judge Michael Leburu set aside colonial-era legislation and ordered the law be amended. Trustees, curators, executors and administrators may sue and be sued on behalf of or as representing the property or estate of which they are trustees, curators or representatives, without joining any of the persons beneficially interested in the trust or estate, and shall be considered as representing such persons; but the judge may, at any stage of the proceedings, order any of such persons to be made parties either in addition to or in lieu of the previously existing parties. 7. Facts and allegations already set forth in the plea or in the declaration and admitted in the plea may be incorporated in the claim in reconvention by reference to the relevant paragraphs of the plea or declaration, as the case may be. The preceding provisions of this Order shall be subject to any ruling or order as the judge may deem meet to make. If the defendant has not satisfied or admitted the claim contained in the writ and has not given security as aforesaid, the plaintiff shall on the return day, or on the day of the anticipation of the same as aforesaid, apply for confirmation of arrest, when the judge, unless sufficient cause to the contrary is shown, shall confirm such arrest and order the return of the defendant to prison, but shall make such further order as to him seems meet so as to provide for the speedy termination of the proceedings between the parties, the writ standing as writ of summons in the case. In every affidavit made by two or more deponents the names of the several persons making the affidavit shall be inserted in the jurat, except that if the affidavit of all the deponents is taken at one time by the same officer it shall be sufficient to state that it was sworn by both (or all) of the "above- mentioned" deponents. 2. A writ of arrest may be executed on any day and at any hour and at any place except in regard to members and officers of Parliament during such period as may be prescribed under the National Assembly (Powers and Privileges) Act (Cap. Where in any action the set-off or claim in reconvention is established as a defence against the plaintiff's claim, the judge may, if the balance is in favour of the defendant, give judgment for the defendant in such balance, or may otherwise adjudge to the defendant such relief as he may be entitled to upon the merits of the case. 1. High Court Recruitment 2020-21-19: Apply online for High Court Recruitment for LDA, Copyist, Typist, Law Clerks, Private Secretary, Stenographer, Judicial Assistant, Research Assistants etc updated on 30 December 2020 through Freshersworld. (b) that any question or issue in the action is substantially the same as a question or issue which has arisen or will arise between such party and the third party and should properly be determined not only as between any parties to the action but also as between such parties and the third party or between any of them,such party may issue a notice (hereinafter referred to as a "third party notice"), as near as may be in accordance with Form 10 in Schedule 1, which notice shall be served by the party issuing this upon the third party and any other party to the action. The Deputy Registrar High Court - Lobatse Private Bag 001 Lobatse Tel: (+267) 5338000 / (+267) 5332317 Fax: (+267) 5332317 Further information on the Originating process can be found in Order 6, Rules of the High Court. (2) The endorsement of service shall be made on the writ within three court days of the service thereof and the writ so endorsed returned to the High Court as soon as possible thereafter. 1. Any person desiring to obtain leave to effect service outside Botswana of any document other than one whereby proceedings are instituted may either make application for such leave in terms of rule 2 or request such leave at any hearing at which the judge is dealing with the matter, in which latter event no papers need be filed in support of such request and the judge may act upon such information as may be given from the Bar, or given in such manner as he may require, and may make such order as to him seems meet. 4. "guardian" shall include guardian ad litem, curator and tutor, as the context requires. Discovery, inspection and production of documents, 41. (2) In every affidavit filed in support of any application under subrule (1), the applicant shall set forth explicitly the circumstances which he avers render the matter urgent and the reasons why he claims that he could not be afforded substantial redress at a hearing in due course. Related titles. This means therefore, that the doors of the High Court are open for cases of all types, from family matters to Criminal matters. 5. The full statement of the plaintiff's claim shall be called his declaration, and it shall state truly and concisely the name and description of the party suing and his place of residence or place of business, and, if he sues in a representative capacity, the capacity in which he sues; the name of the defendant and his place of residence or place of business and, if he is sued in a representative capacity, the capacity in which he is sued; the nature, extent and grounds of the cause of action, complaint or demand. Amendment of the Rules of the High Court (Cap. 3. Persons committed to be brought to trial at the first session provided 31 days have elapsed from commitment 134 . 13. In many African nations, laws criminalizing homosexuality are fueling the epidemic, as they dissuade key populations from seeking treatment and health care providers from offering it. 12. He relied on the facts that the summons had not been served on him and the application for default judgment had not been accompanied by the affidavit required where there had been no personal service of the … (1) Every application brought ex parte (whether by way of petition or upon notice to the Registrar supported by an affidavit as aforesaid) shall be filed with the Registrar and set down not less than two days before the day fixed for hearing, which shall, save with the leave of the judge, be on a motion day. 6. (2) Upon failure of the other party to deliver the said statement or particulars within the time allowed, the party requiring the better statement or further particulars may apply for an order on a motion day, or make application for directions under Order 28. (1) No originating process shall, in the absence of service thereof or the taking of a further step, be in force for more than six months from the date of issue thereof, including the day of such date; but if any defendant named therein has not been served therewith the plaintiff may, before the expiration of the six months, apply to the Registrar in writing for leave to renew the originating process. 2. 3 4. Botswana's high court has thrown out a colonial-era law that criminalized same-sex relations in a landmark ruling lauded by activists. When a contract, promise or agreement is alleged in any pleading, a bare denial of the same by the opposite party shall be construed only as a denial of fact of the express contract, promise or agreement alleged, or of the matters of fact from which the same may be implied by law, and not as a denial of the legality or sufficiency in law of such contract, promise or agreement. Botswana's High Court has ruled in favour of decriminalising homosexuality in a landmark decision for campaigners. Whenever a party to any proceedings dies or ceases to be capable of acting as such, his executor, curator, trustee or similar representative may by notice to all other parties, and to the Registrar, intimate that he desires in his capacity as such thereby to be substituted for such party, and, unless the judge otherwise orders, he shall thereafter for all purposes be deemed to have been so substituted. 1. 11. 7, 1991,S.I. (1) Where a plaintiff proves to the satisfaction of the Registrar that he has a good cause of action against a defendant to the amount of P40 000 or more, and that there is good ground for believing that the defendant is about to leave Botswana and that the absence of the defendant from Botswana will materially prejudice the plaintiff in the prosecution of his claim, the Registrar may issue a writ of arrest directing the defendant to be arrested and held to bail to answer the plaintiff's claim. 2. The preceding provisions of this Order shall be subject to any ruling or order as the judge may deem meet to make. (6) Immediately on entry of appearance to defend, the Registrar shall deliver the file to the judge. Botswana High Court Rules to Decriminalize Same-Sex Relations Botswana ruled to decriminalize homosexuality, by ruling to remove remaining relics of its colonial past and to strike down section 164(a) and (c), and section 167 of the penal code which criminalize same-sex relations, or “carnal knowledge against the order of nature”, and prescribe a prison sentence of up to 7 years for those found guilty. Botswana's government will appeal against a landmark High Court ruling that decriminalised homosexuality, the attorney general says. Special cases and adjudication on point of law, 39. Except where otherwise ruled or ordered by the judge, where a pleading subsequent to replication is not ordered, then, at the expiration of 14 court days from the service of the plea or replication (if a replication has been filed) or, where a pleading subsequent to replication is ordered, and the party who has been ordered or given leave to file the same fails to do so within the period limited for that purpose, then, at the expiration of the period so limited, the pleadings shall be deemed to be closed and material statements of fact in the pleading last served shall be deemed to have been denied and put in issue: Provided that this rule shall not apply to a plea in reconvention and that unless the plaintiff files a plea in reconvention the statements of facts contained in such claim in reconvention shall, at the expiration of 14 court days from the service thereof or of such time (if any) as may by order be allowed for filing of a plea thereto, be deemed to be admitted, but the judge may at any subsequent time give leave to the plaintiff to file a plea in reconvention. (2) Where proceedings are begun as mentioned in subrule (1) then, subject to the provisions of that subrule, the judge may make any order which he has power to make under rule 1, and subrule (1) shall not be taken as prejudicing the power of the judge to make any order he may think fit with respect to the costs of these proceedings. Copies of all documents upon which the claim is founded shall be annexed to the summons and served with it. (2) A public company may not enter an appearance in the action or defend it otherwise than by counsel. 1. 10. (5) Where the defendant enters an appearance by an attorney who is acting as agent for another attorney, having a place of business within the jurisdiction, the memorandum of appearance must state that the first-named attorney so acts, and must also state the name and address of that other attorney. Botswana’s high court, in a highly-anticipated verdict, on Tuesday ruled to decriminalize homosexuality, which is outlawed under the country’s 1965 penal code. ORDER 2—COMMENCEMENT OF PROCEEDINGS . (1) Subject to the provisions of this Order, an originating process may, before service, be amended by the plaintiff as he thinks fit. (a) grant judgment in the action or claim in reconvention; (c) make such other order as he deems just for the expeditious disposal of the case. All persons may be joined as defendants against whom the right to relief is alleged to exist, whether jointly, severally or in the alternative, and judgment may be given against such one or more of the defendants as may be found to be liable, according to their respective liabilities, without any amendment. (7) If any party to such proceedings disputes such status, the judge may at any time decide that issue in limine. did not file any opposing papers within the time allowed by the rules, nor within the extended period. Pilane (with him Mr. G.I. (2) The defendant shall within seven court days deliver a written statement containing such information. 29:03), a married person can sue or be sued without the assistance of his or her spouse. 6. (i) the earning of income (stating earnings lost to date and how the amount is made up, and the estimated future loss, and the nature of the work the plaintiff will in future be able to do), (ii) the enjoyment of amenities of life (giving particulars) and stating whether the disability concerned is temporary or permanent, and. In particular, the judges stated that “a democratic society is one that embraces tolerance, diversity and open-mindedness”, as well as highlighting that discrimination serves to hold back not only LGBTIQ people, but society as a whole by stating that “societal inclusion is central to ending poverty and fostering shared prosperity.” Published. Motion for Relief From Judgment (New - Draft #1) Land Tenure Policy and Practice in Botswana. 4. "action" means a civil proceeding commenced in such manner as may be prescribed, but does not include a criminal proceeding by the State; "advocate" means an advocate duly admitted and still enrolled on the Roll of Legal Practitioners under section 13 of the Legal Practitioners Act and a foreign advocate admitted to practice under section 7 of the Legal Practitioners Act (Cap. (1) The officer receiving any writ, document or other process for filing shall forthwith impress on the document the date stamp provided for that purpose indicating the date and time of receipt and shall then append his signature below the date and time. (2) When a fact is alleged with diverse circumstances, it shall not be sufficient to deny it along with these circumstances, but a fair and substantial answer must be given. Pilane (with him Mr. G.I. Power of the High Court to admit bail 115 . IN THE HIGH COURT 133 . The LGBT Foundation is a not-for-profit organization with the mission to create the LGBT Token cryptocurrency and utilize blockchain technology to achieve equal rights and acceptance for all members of the LGBT+ community worldwide. 1. 11. 13. Judges declare 1965 laws punishing same-sex relations with up to seven years in prison should be scrapped. unless the documents listed in rule 4 have been filed. 3. 3. In terms of the Botswana High Court Rules, no legal proceedings can be instituted unless the Plaintiff files a Power of Attorney and Resolution (simultaneously with the Summons), and no proceedings can be defended unless the Defendant files a Power of Attorney and Resolution (simultaneously with the Appearance to Defend). 115, 1969,S.I. 05:03). (a) where the defendant's address for service is within a radius of 100 kilometres from the High Court Registry issuing the writ of summons, the time limited for entering appearance shall be 14 court days after the service of the writ of summons (including the day of the service); (b) where the defendant's address for service is outside the radius of 100 kilometres from the High Court Registry issuing the writ of summons, the time limited for entering appearance shall be 21 court days after the service of the writ of summons (including the day of the service). 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