7. (3) Notwithstanding anything in subrule (2), the judge may order that a document which has been, or is to be, served on the person under disability, or on a person other than a person mentioned in that subrule, shall be deemed to be duly served on the person under disability. 8. 4. 3. 10. (1) Where any pleading contains averments which are scandalous, vexatious or irrelevant, the opposing party may, within the period allowed for filing any subsequent pleading, and before filing any further pleading, file and deliver a notice of application to strike out such averments, and by such notice shall accord his opponent an opportunity of removing the cause of complaint within 10 court days, failing which removal the party delivering the application may enroll it for hearing on a motion day, or may make application for directions under Order 28. Upon any motion, petition or other application, evidence shall be given by affidavit, but the judge may, on the application of either party, order the attendance for cross-examination of the person making any such affidavit, and where after such an order has been made, the person in question does not attend, his affidavit shall not be used as evidence unless by the special leave of the judge. Notwithstanding rule 9, once a cause is set down for hearing, no attorney shall be permitted to renounce his agency during the 10 court days immediately preceding the trial date except with the leave of the judge upon good cause shown, which shall not include only the failure of a client to pay fees. (6) The judge may order that the dispensation shall extend to the whole or any part of the fees payable in the action. (3) Upon hearing an exception, the judge may-. A plaintiff suing a partnership need not allege the names of the partners; if it does, any error of omission or inclusion shall not afford a defence to the partnership. 3. RULES OF THE HIGH COURT (2) A memorandum of appearance must be signed by the attorney by whom the defendant appears, or, if the defendant appears in person, by the defendant. "guardian" shall include guardian ad litem, curator and tutor, as the context requires. 121, 1982,S.I. The court dismissed the “no case to answer” that Morupisi and his wife had brought before the court. The time within which a defendant shall be required to enter appearance to defend shall be reckoned as follows-. 8. (2) An application under this rule may be made on motion and the grounds of objection must be stated in the notice of motion. (1) No proceedings shall be void or be rendered void or wholly set aside under rule 1, or otherwise by reason only of the fact that the proceedings were begun by means other than those required in the case of the proceedings in question by any provision of these Rules. Siblings, parents and children of the deceased. Any condition precedent, the performance or occurrence of which is intended to be contested, shall be distinctly specified in his pleading by the plaintiff or defendant, as the case may be, with a specific averment as to whether or not is was fulfilled. Commencement of Proceedings . (3) On hearing the application to deliver the better statement or particulars, the judge may-. We commend the High Court of Botswana for upholding international human rights standards and taking this historic decision, and urge authorities in Botswana to swiftly take the necessary steps to ensure full implementation of the ruling, so that it translates into real change for LGBTQ people,â said Jessica Stern, Executive Director, OutRight Action International. 8. This is the court that lies between the Magistrate Court and the Court of Appeal. âPunishing people based on their sexual orientation has a deeply negative impact that goes far beyond the risk of arrest and imprisonment. 16, 1986,S.I. 8. 8. "sue" and "sued" are used in relation to actions and applications. 5. 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. Giving out its analysis of the Delhi High Court's December 21 judgment, Future Retail Ltd (FRL) in a filing to … (a) within the time stated in the said notice, give the applicant notice in writing that he intends to oppose the application and in such notice appoint a physical and postal address within Botswana at which he will accept notice and service of all documents; (b) within 14 court days of the service on him of the notice of motion, deliver his answering affidavit, if any, together with any relevant documents; or. In what has been termed an embarrassing defeat in the state’s National Petroleum Fund (NPF) case, this Tuesday High Court threw out the charges against the Kebonang brothers, Sadique and Zaine. Tariff of allowances payable to witnesses in civil proceedings in the High Court, 78. (c) make such other order as he deems fit to ensure the expeditious disposal of the case. (a) where he sues by an attorney, the business address of the attorney endorsed on the summons or, where there are two such addresses so endorsed, the business address of the attorney who is acting as agent for the other; (b) where he sues in person, the address within the jurisdiction endorsed on the writ. 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 âcarnal knowledge against the order of natureâ, and prescribe a prison sentence of up to 7 years for those found guilty. 3. Botswana's government will appeal against a landmark High Court ruling that decriminalised homosexuality, the attorney general says. Any party who has been joined as such by virtue of a third party notice may at any time make application to the judge for the separation of the trial of all or any of the issues arising by virtue of such third party notice, and the judge may upon such application make such order as to him seems meet, including an order for the separate hearing and determination of any issue, on condition that his decisions on any other issue arising in the action, either as between the plaintiff and the defendant, or as between any other parties, shall be binding upon the applicant. Where in any action any person has been improperly or unnecessarily joined as a co-plaintiff, and a defendant has set up a counter-claim or set-off, he may obtain the benefit thereof by establishing his set-off or counter-claim as against the parties other than the co-plaintiff so joined, notwith-standing the mis-joinder of such plaintiff or any proceeding consequent thereon. It shall not be necessary that every defendant be interested as to all the reliefs prayed for, or as to every cause of action included in any proceeding against him; but the judge may make such order as may appear just to prevent any defendant from being embarrassed or put to expense by being required to attend any proceedings in which he may have no interest. (2) Immediately upon receipt of such notice, the party who issued the third party notice shall inform all other parties accordingly. 7. 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. 4. Fortunately, rd for … Rules of the High Court Pilane (with him Mr. G.I. The Registrar may before issuing a writ of arrest require the plaintiff to give security for any damages which may be caused by such writ of arrest and may require such additional evidence as he may think fit. (4) The officer in the Registry to whom an originating process or other process is presented for filing shall impress the date stamp provided for that purpose on the original originating process and every copy presented and shall also append his signature below the date and time impressed by the date stamp. 4. 7. (1) Every affidavit to be used in any cause in the Principal Registry or in a Registry shall be filed in the Principal Registry or in the Registry, as the case may be. S.I. (4) If the plaintiff (or defendant in the case of proceedings involving a third party) experiences difficulty in effecting service on a corporation or company under rule 2(2)(f), he may apply under subrule (3) for leave to effect substituted service. Civil appeals from magistrate, judges and other bodies or persons, 60. 6. Botswana's high court has thrown out a colonial-era law that criminalized same-sex relations in a landmark ruling lauded by activists. (k) where a person to be served keeps his residence or place of business closed, and thus prevents the Deputy-Sheriff or any other person effecting service from serving the process, it shall be sufficient to affix a copy thereof to the outer principal door of such residence or place of business. (2) No such affidavit shall be used in evidence in the absence of this certificate, unless the judge is otherwise satisfied that the affidavit was read over to and appeared to be perfectly understood by the deponent. THE HIGH COURT OF BOTSWANA Lobatse Botswana. 4. 2. 15. You can bring attention to these issues by using the hashtag #decriminalizeLGBT. For our subscribers is to be relied upon in the cause is to be brought to Trial the. Refusal of bail 114 from curatorship, 70 law criminalizing consensual same-sex with. Founded shall be given to the High Court in Botswana Rules to decriminalize same-sex relations with up to seven in! 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