12. 5. (3) Every allegation not so dealt with shall be taken to be admitted. (2) An application under this rule may be made on motion and the grounds of objection must be stated in the notice of motion. 58, 1989,S.I. The forms in Schedule 1, or forms as near as shall be, may be used in all matters, causes and proceedings to which they are applicable, with such variations as circumstances may require. (6) The officer in the Registry to whom pleadings, petitions, applications, affidavits and all other process, proceedings or other document relevant to the case are presented for filing shall impress the date stamp provided for that purpose on each original document and every copy presented, and shall also append his signature below the date and time impressed by the date stamp. 24, 2009,S.I. No receipt shall be issued by the court or any officer thereof in respect of stamps required to be affixed hereunder. (2) Immediately upon receipt of such notice, the party who issued the third party notice shall inform all other parties accordingly. A defendant to an action may at any time before entering an appearance therein, or, if he has entered a conditional appearance, within 14 court days after entering the appearance apply to the judge for an order setting aside the writ of summons or the service thereof on him, or declaring that the writ of summons has not been duly served on him, or discharging any order giving leave to serve the writ of summons on him out of jurisdiction. © 2018 LGBT Token Foundation Ltd. All rights reserved, High Court ruled that the government had to allow. (b)   copies of all the documentary exhibits to be relied upon in the defence. (4) The Registrar shall refuse to receive or date stamp an appearance which does not comply with subrules 2(2) or 2(3). Discovery, inspection and production of documents, 41. (8) For the purposes of compliance with subrules (6) and (7) the party or his attorney shall present to the officer in the Registry the original and one copy of the document for retention by the officer, and one copy for the party or his attorney, and as many other copies as are required for service. 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. 1. (+267) 2416378. 5. (2) Where a party to an action has served on a person under disability who is not already a party to the action, a third party notice, and no appearance is entered for that person to the notice, an application for the appointment by the judge of a guardian ad litem of that person must be made by that party after the time limited (as respects that person) for appearing and before proceeding further with the third party proceedings. 1. Service of any such process on the offices of an attorney by facsimile transmission shall be effective provided that it is proved that a legible copy was so served. (3) Concurrently with the said statement, the defendant shall serve upon the persons referred to in subrule (2) a notice as near as may be in accordance with Form 11 in Schedule 1 and deliver proof by affidavit of such service. (1) Every affidavit shall contain only statements of facts and circumstances to which the witness deposes, either of his own personal knowledge or from information which he believes to be true stating the sources and grounds thereof. 1. 13. Except where proceedings by way of petition are prescribed by law, every application shall be brought on notice of motion supported by an affidavit as to the facts upon which the applicant relies for relief, and the notice of motion shall be in Form 4 in Schedule 1 with such variations as circumstances require, and shall state the rule under which the application is brought. (2) Any affidavit which would be insufficient if sworn before the attorney himself shall be insufficient if sworn before his partner or an attorney practising in the same firm. The judge may receive any affidavit sworn for the purpose of being used in any cause, notwithstanding any defect by misdescription of the parties or otherwise in the title or jurat, or any other irregularity in the form thereof, and may direct a memorandum to be made on the document that it has been so received. Share. (3) Upon hearing an exception, the judge may-. Nothing in this Order shall preclude the institution of fresh proceedings on the same cause of action, subject to the law relating to prescription. Should the judge refuse provisional sentence, he may order the defendant to file a plea within a stated time and may make such order as to costs of the proceedings as to it may seem just; and thereafter, the provisions of these Rules as to pleading and the further conduct of trial actions shall mutatis mutandis apply. Before issue, every originating process shall contain the following particulars-. (a)   as against any other person not a party to the action (hereinafter called a "third party"), that such party is entitled in respect of any relief claimed against him, to a contribution or indemnification from such third party; or. A joinder of issue shall operate as a denial of every material allegation of fact in the pleading upon which issue is joined, but it shall except any facts which the party may be willing to admit and shall then operate as a denial of the facts not so admitted. Such summons shall be issued by the Registrar and the provisions of rules 4 and 10 of Order 6 shall mutatis mutandis apply. If at the hearing the defendant fails to appear, or admits his liability, or if he has previously filed with the Registrar an admission of liability signed by himself and witnessed by counsel acting for him and not acting for the opposite party, or, if not so witnessed, verified by affidavit, the judge may give final judgment against him. Where a special time is limited for filing affidavits, no affidavit filed after that time shall be used, unless by leave of the judge. (1) The originating process shall, where service is to be effected within the jurisdiction, command the defendant that he cause an appearance to be entered within the period prescribed in the writ to answer the plaintiff's claim. (b)   it is shown to the Registrar that the power of attorney filed in the proceedings in the court a quo confers such authority. The judge may order to be struck out from any affidavit any matter which is scandalous, vexatious or irrelevant. (4) Any interested party so served may, within 14 court days of service, or such other time as the judge may order, deliver notice of his intention to oppose, supported by an affidavit setting forth the nature of such interest and the grounds upon which he opposes the relief sought, whereafter the Rules for applications on notice shall apply. True African culture celebrates diversity and promotes acceptance”, Botswana joins a movement by countries to provide equality under the law and unburden laws from the colonial times.  Botswana joins Angola, Mozambique, India, Trinidad and Tobago and others in removing these laws.  Several countries still maintain discriminatory colonial-era relics, including places such as Singapore, Sri Lanka, Uganda and, recently Kenya’s High Court ruled last month to maintain its barbaric law.  Martin Choo an activist in Malaysia, a former British colony, commented on the victory for Botswana “It is time we cast off the colonial yoke of repression that marginalised countless lives.  The legacy of normalisation and criminalising of sexuality has caused unnecessary harm for generations after the fall of Imperial Britain.”. 04:02 Sub. At the centre of the court case is a Toyota Land Cruiser costing almost half a million … 8. Botswana's High Court Rules Homosexuality Is Not A Crime . (2) Where an exception, application to strike out, or request for further particulars is filed, the time for filing the plea shall be extended as provided for in rules 17,18 or 19 of Order 20: Provided that where the declaration is accompanied by an application for summary judgment there shall be no such extension of time for the filing of an affidavit resisting summary judgment under rule 3(b) of Order 34. The time within which a defendant shall be required to enter appearance to defend shall be reckoned as follows-. (a)   a physical and postal address within the jurisdiction; (b)   in the case of a defendant appearing by an attorney, a business address of the attorney within the jurisdiction, and where the defendant enters an appearance in person, the address specified under paragraph (a) shall be his address for service, but otherwise his attorney's address shall be his address for service; (c)   concisely the nature and the grounds of the defence and the relief or remedy required. If a partnership is sued and it appears that since the relevant date it has been dissolved, the proceedings shall nevertheless continue against the persons alleged by the plaintiff or stated by the partnership to be partners, as if sued individually. 1. (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. These Orders and Rules may be cited as the Rules of the High Court. 79, 1975,S.I. 10. "guardian" shall include guardian ad litem, curator and tutor, as the context requires. 1. Any person against whom provisional sentence has been granted may enter into the principal case only if he has satisfied the amount of the judgment for provisional sentence and taxed costs, or if the plaintiff on demand fails to furnish due security in terms of rule 9. These Orders and Rules may be cited as the Rules of the High Court. 8. 4. (5) Before making an order under subrule (4), the judge may direct the Registrar or the District Officer of the place where the applicant resides to make any enquiries or investigations regarding the circumstances of the party and the grounds stated in the application. Botswana's High Court has ruled in favour of decriminalising homosexuality in a landmark decision for campaigners. (1) Every application other than one brought ex parte shall be served upon every party to whom notice thereof has to be given. (7) If on application by the plaintiff the judge is satisfied that any address specified in the memorandum of appearance is not genuine, the judge may set aside the appearance. (3) No such application shall be brought unless 10 court days notice has been given to the offending party to remove the cause of complaint and he has failed to do so. 20. Lekgowe (with him Ms. P. Ramaja & Mr. T.K. Within 14 days after the death of the person, report the death at the Master's Office by delivering the deceased's death certificate and … (a)   such attorney files with the Registrar a power of attorney authorising him to prosecute the appeal; or. 1. (a)   by delivering a copy thereof to the said person personally: (i)   where such person is a minor or a person under legal disability service shall be effected upon the guardian, tutor, curator, or the like of such minor or person under disability; and. The Chief Justice after consultation with the judges president of the several divisions of the Supreme Court of South Africa has, in terms of paragraph (a) of subsection (2) of section 43 of the Supreme Court Act, … 10. The high court in Gaborone, Botswana, threw out the country's longstanding ban on same-sex relations Tuesday, setting off celebrations inside the … (1) The judge may, on application, order to be struck out from any affidavit any matter which is scandalous, vexatious or irrelevant, with an appropriate order as to costs, including costs as between attorney and client. Far beyond the risk of arrest, high court rules botswana other documents, 16 SEVERAL and... Shall, in all cases be the High Court has ruled that the provisions of this were... Such variation as circumstances require accompanied by an attorney on behalf of attorney... To these issues by using the hashtag # decriminalizeLGBT disposal of the Rules 2004. Lgbt community, particularly as it will allow them to access medical Services without stigma deems just substantive. Mark this document as useful 1 1 downvote, Mark this document as not useful Embed Botswana... 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