(c) make such other order as he deems just so as to ensure the expeditious disposal of the case. 2. A claim in reconvention shall be filed with the defendant's plea, and a copy thereof delivered to the plaintiff. 9. 2. (1) The fees specified in Schedule 2 shall be paid by the party at whose instance they are incurred, and may afterwards be recovered as costs of cause, unless a judge so orders. (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). A claim in reconvention shall be so described and shall set forth in paragraphs, separate and distinct from the plea, the nature, the extent and grounds of the cause of action as required for a declaration under rule 1 of Order 24 and shall be accompanied by the items listed in rule 2 of Order 24. UNIFORM RULES OF COURT. (5) On hearing the application the judge may-, (a) dismiss the action or defence, as the case may be; or, (b) strike out the averments in respect of which further particulars were sought; or. 1. 3. (9) The parties to any opposed application shall no later than two court days before the hearing file and serve heads of argument stating the authorities and principles on which they intend to rely, and the judge may if he deems fit limit the time for presentation of oral argument in the interests of expedition. The preceding provisions of this Order shall be subject to any ruling or order as the judge may deem meet to make. 10. Botswana High Court 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,”, on 11 June 2019. 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. All writs, documents or other process or document prepared by an attorney shall be backed with the name and place of business of the attorney stating the capacity in which he acts. 9. Criminal proceedings: circuit court, 63. Where in any proceedings (other than a matrimonial cause) money is claimed by or on behalf of a person under disability, no statement, compromise or payment, and no acceptance of money paid into court, whenever entered into or made, shall, so far as it relates to that person's claim, be valid without the approval of the judge. Botswana's High Court has ruled that homosexuality is not a crime. (1) Every pleading shall be legibly written or typed on A4 paper, and shall, when necessary, be divided into paragraphs numbered consecutively, each paragraph containing as nearly as may be a separate allegation. (f) a statement of the nature of the claim made and of the relief or remedy sought in the action; and. (a) insofar as the third party's plea relates to the claim of the party issuing the notice, the said party shall be regarded as the plaintiff and the third party as the defendant; (b) insofar as the third party's plea relates to the plaintiff's claim, the third party shall be regarded as a defendant, and the plaintiff shall file pleadings as provided by the said rules. 1. A writ of arrest shall be in Form 7 in Schedule 1 and shall, before delivery to the Sheriffor his deputy, be endorsed with the plaintiff's address for service as required by rule 9 of Order 6. June 11, 2019 Florida News 0 . 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 … Every affidavit shall be drawn up in the first person, and shall be divided into paragraphs, and every paragraph shall be numbered consecutively, and as nearly as may be, shall be confined to a distinct portion of the subject; and the affidavit shall be written or printed. 3. Her last minute attempt to postpone this matter was rejected by this court because she simply told the court that she has been too busy to attend court papers timeously. 23. Subject to the provisions of these Rules and of any enactment, the Rules of the High Court shall apply with the necessary modifications to the practice and procedure in matrimonial proceedings in the High Court. 61:01); "cause" includes any action, suit or other original proceeding and any criminal proceeding; "counsel" means an advocate or an attorney; "court" means a judge sitting in open court; "court day" means any day other than a Saturday, Sunday or any day which is a public holiday under the Public Holidays Act (Cap. (c) make such other order as he deems just to ensure the expeditious disposal of the case. Every attorney appearing or instructing an advocate to appear on behalf of the respondent at the hearing of a civil appeal shall before the hearing thereof file with the Registrar a power of attorney authorising him to act for the respondent, unless it is shown to the Registrar that the power of attorney filed in the proceedings in the court a quo confers such authority. 5. (i) that he knows or believes, as the case may be, that the person to whom the certificate relates is a person under disability giving (in the case of a patient) the grounds of his knowledge or belief, (ii) where the person under disability is a patient, that there is no person authorised as aforesaid, and. 2. HIGH COURT (CIVIL PROCEDURES) RULES, 2004 (CI 47) ARRANGEMENT OF RULES . 8. Any summons, writ, warrant, rule or notice, or other process, document or communication which by law, rule of court, or agreement of the parties is required or directed to be served or executed upon any person or left at the house or place of abode or a place of business or employment of any person in order that such person may be affected thereby may be transmitted to the server by telegraph or telefacsimile and a telegraphic or telefacsimile copy served or executed upon such person or left at his house or place of abode or business or employment shall be of the same force and effect as if the original had been shown to or a copy thereof served upon such person, or left as aforesaid, as the case may be. ORDER 4ADVOCATES AND ATTORNEYS: WARRANTS TO SUE AND DEFEND. 2. (a) where the plaintiff sues by an attorney, with the plaintiff's address and the attorney's name or firm and a business address of his within the jurisdiction, and also (if the attorney is the agent of another) the name or firm and business address of his principal; (b) where the plaintiff sues in person, with-, (i) the address of his place of residence and, if his place of residence is not within the jurisdiction, or if he has no place of residence, the address of a place within the jurisdiction at or to which documents for him may be delivered or sent, and, (c) where the plaintiff is a private company, partnership or association and sues by its officer, with-, (ii) the nature of its business and the address of its principal place of business, and. (3) Subrules (1) and (2) shall apply mutatis mutandis to a defendant sued by an association. âPunishing people based on their sexual orientation has a deeply negative impact that goes far beyond the risk of arrest and imprisonment. (b) the names of the parties and their attorneys (if any); (d) the date each document was filed and the party filing it; (e) the date and place of hearing the cause; (g) the name of the judge and any other judge hearing any aspect of the cause; (j) the date the judgment was delivered; and. (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. Rules for the framing of indictments or summonses 132 . 3. "court" means the High Court of Botswana; "Registrar" means the Registrar of the High Court of Botswana. Proceedings by or against partnerships and associations, 35. (2) The defendant shall within seven court days deliver a written statement containing such information. Application of Rules . Application shouldn’t be absent where these rules are applicable. 16, 1986,S.I. We are sending you simultaneously with this explanatory note a Power of … After expiry of the period referred to in rule 1(1) or of any final renewal granted in terms of rule 1(2), the originating process shall lapse, and may not be revived. 2. 1. (d) subject to subrule (5), that notice of the application was, after the expiration of the time limited for appearing, and at least seven court days before the day named in the notice for hearing of the application, so served on him. 2. Trade Unions and Employers' Organisations Rules. About the High Court . Contents of Writ . Further information on the Originating process can be found in Order 6, Rules of the High Court. f4bwa_2007_dec_a. Wherever the contents of any document are material, it shall be sufficient in any pleading to state the effect thereof as briefly as possible, without setting out the whole or any part thereof, unless the precise words of the document, or any part thereof, are material. (a) the said actions shall proceed as one action; (b) the provisions of this Order shall mutatis mutandis apply with regard to the action so consolidated; and. 3. Who is eligible? The judgeâs verdict will be life-changing for Botswanaâs LGBT community, particularly as it will allow them to access medical services without stigma. (3) No writ of summons, document or other process which is required to be filed shall be filed unless the prescribed fees (if any) have been paid and the document duly date-stamped as provided in this rule and any other rule. 3. Giving out its analysis of the Delhi High Court's December 21 judgment, Future Retail Ltd (FRL) in a filing to … 3. (3) The writ of summons and all other documents in any cause shall be numbered by the Registrar before issue with a consecutive number for the year and the cause shall, at the time of issue, be entered by him in the Civil Record Book under that number. 7. … 8. 8. Civil appeals from magistrate, judges and other bodies or persons, 60. 14. unless the documents listed in rule 4 have been filed. Affidavits sworn in Botswana shall be sworn before a commissioner of oaths or other officer empowered to administer oaths under the Commissioners of Oaths Act (Cap. Botswana's high court has thrown out a colonial-era law that criminalized same-sex relations in a landmark ruling lauded by activists. (b) by leaving a copy thereof at the place of residence or business of the said person, guardian, tutor, curator or the like with the person apparently in charge of the premises at the time of delivery, being a person apparently not less than 16 years of age; (c) for the purposes of paragraph (b), when a building other than an hotel, boarding house, hostel or similar residential building is occupied by more than one person or family,"residence"or "place of business" means that portion of the building occupied by the person upon whom service is to be effected; (d) by delivering a copy thereof at the place of employment of the said person, guardian, tutor, curator or the like to some person apparently not less than 16 years of age and apparently in authority over him; (e) if the persons so to be served have chosen a domicilium citandi, by delivering a copy thereof at the domicilium so chosen by either handing to the defendant personally or to any responsible person apparently not less than 16 years old found thereat and only if there is no one to accept service then by affixing a copy at the outer door of the premises or at any such prominent place as may be found; (f) in the case of a corporation or company, by delivering a copy to a responsible employee at its registered office or its principal place of business within the jurisdiction, or, if there is no such employee willing to accept service, by affixing a copy to the main door of such office or place of business, or in any manner prescribed by law; (g) by delivering a copy thereof to any agent who is duly authorised in writing to accept service on behalf of the person upon whom service is to be effected; (h) where any partnership, firm or voluntary association is to be served, service shall be effected upon a partner, the proprietor, or on the chairman or secretary of the committee, or other managing body of such association as the case may be, in one of the manners set forth in this rule; (i) where a local authority or statutory body is to be served, service shall be effected by delivering a copy to the council secretary, assistant council secretary, town clerk or assistant town clerk, chairman or mayor of such local authority, or to the secretary or member of the board or committee of such body, or in any manner provided by law; (j) if two or more persons are sued in their joint capacity as trustees, liquidators, executors, administrators, curators or guardians, or in any other joint representative capacity, service shall be effected upon each of them in any manner set out in this rule; or. 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