When relief is claimed against any person, or where it is necessary or proper to give any person notice of such application, the notice of motion shall be addressed to both the Registrar and such person, otherwise it shall be addressed to the Registrar only. 22, 2014,S.I. 6. 4. 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. (1) The defendant shall, unless the judge gives leave to the contrary, file and deliver his plea, exception, request for particulars, or special plea within 14 court days of receipt of the plaintiff's declaration. (1) A person under disability may not bring, or make a claim in, any proceedings except by his guardian, and may not defend, make a counter-claim or intervene in any proceedings, or appear in any proceedings under a judgment or order, notice of which has been served on him except by his guardian ad litem. In addition to the duties referred to in any other Order or enactment, the Registrar shall carry out the duties specified in this Order. (5) The same rule stated in the preceding provisions of this rule shall apply to any allegation in subsequent pleadings, except where a joinder of issue is justified. Botswana: Highest Court Rules Government Must Register Gay Rights Advocacy Group (Mar. 1. A plaintiff in reconvention shall, subject to the provisions of rule 2 hereof, within 14 court days from the delivery of the plea in reconvention deliver a replication in reconvention. 5. Serving writs of summons, provisional summons, petitions, applications and warrant of arrest, etc. (2) The judge shall not grant the application unless he is satisfied that the applicant will be prejudiced in his case if it is not granted. (1) A defendant may not enter an appearance to an action after judgment has been entered therein except with the leave of the judge and after such judgment has been set aside. (1) A party who in his pleadings relies upon a contract shall state whether the contract is written or oral, and when, where and by whom it was concluded and, if the contract is written, a true copy thereof or of the part relied on shall be annexed to the pleading. High court judges in Botswana have ruled that laws criminalising same-sex relations are unconstitutional and should be struck down, in a major victory for gay rights campaigners in Africa. ORDER 18PROCEEDINGS BY OR AGAINST PARTNERSHIPS AND ASSOCIATIONS. Application and Interpretation. Related titles. (8) Notice of hearing in writing of the date determined by the judge shall forthwith be given by the applicant to the registrar and to all parties in accordance with Form 29 in Schedule 1, unless the judge dispenses with this requirement. If the Sheriff or his deputy takes from the party arrested any money or thing for the plaintiff or any bond or obligation by virtue of any writ of attachment, then the Sheriff or his deputy shall, as soon as practicable, and being thereunto required by the plaintiff or his attorney, deliver over to the plaintiff or his attorney any such money or thing or assign to the plaintiff such bond or obligation by an endorsement thereon to be made by the Sheriff or his deputy under his hand, which endorsement shall be as near as may be in Form 9 in Schedule 1. 3. 6. Botswana's High Court has thrown out a colonial-era law that criminalized same-sex relations in a landmark ruling lauded by activists. (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. Leg.) (a) a written consent to be guardian or guardian ad litem, as the case may be, of the person under disability in the cause in question given by the person proposing to be such guardian or guardian ad litem; (b) except where the person proposing to be such guardian or guardian ad litem of the person under disability, being a patient, is authorised under any written law relating to mental health to conduct the proceedings in the cause in the name of the patient or on his behalf, a certificate made by the attorney for the person under disability certifying-. Florida News . 9. The applicant sought rescission of the judgment in terms of Order E 48 rule 1(a) of the Rules of the High Court (Cap 04:02) (Sub Leg), alternatively, Order 30 rule 11 of the Rules of the High Court. (1) A plaintiff suing a partnership may include in any writ of summons a notice calling for particulars of the full name and residential address of each partner as at the relevant date. (1) Any party to any application proceedings may bring a counter application, or may join any party to the same extent as would be competent if the party wishing to bring such counter application or join such party were a defendant in an action and the other parties to the application were parties to such action; in the latter event, Order 16 shall apply mutatis mutandis. (2) The defendant shall within seven court days deliver a written statement containing such information. (2) Where the Registrar is satisfied that reasonable efforts have been made to serve such defendant, or for other good reasons, he may renew the original or concurrent originating process for three months from the date of such renewal inclusive, and so from time to time during the currency of the renewed originating process. 3. (+267) 2416378. Where a defendant is added or substituted the writ of summons, petition or motion shall be amended accordingly, and the plaintiff shall, unless otherwise ordered by the judge, file a copy of the writ of summons, petition or motion as amended and serve the new defendant with such amended writ of summons, petition or motion in the same manner as original defendants are served, and the proceedings shall be continued as if the new defendant had originally been made a defendant. 9. (1) Where any pleading is vague and embarrassing or lacks averments which are necessary to sustain an action or defence, as the case may be, the opposing party may, within the time period allowed for filing any subsequent pleading, and before filing any other pleading, deliver an exception thereto and, subject to subrule (2), then the party delivering the exception may enroll it for hearing on a motion day, or make application for directions under Order 28. De Lunatico Inquirendo, appointment of curators in respect of persons under disability and release from curatorship, 70. 05:03). (1) The plaintiff or his attorney or agent shall present at the Registry the original originating process, and three copies thereof, or if there is more than one defendant, one extra copy for each additional defendant. The defendant in an action may set up by way of claim in reconvention any right or claim he may have against the plaintiff, and such claim in reconvention shall have the same effect as an action, so as to enable the judge to pronounce a final judgment in the same action both on the original claim and on the claim in reconvention. Application of other rules. 9. The Registrar shall publish the dates of each judge's motion days at least three weeks in advance of the earliest such date. 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. 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. Thankane) for the Applicant Advocate S.T. If the defendant on the return day or on the day of the anticipation of the same as aforesaid admits the claim contained in the process, final judgment shall be given against him and he shall be discharged from such arrest. 3. High Court in Botswana rules to decriminalize same-sex relations. 14. 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. âSame-sex relations are a crime in around 70 countries. 11. Botswana legalizes being gay as High Court overturns Colonial-era law. (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. (2) After registration, every pleading to be served or filed shall be endorsed on its first page with the name of the judge to whom the case has been allocated. 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. (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. (2) A judge may, on account of the poverty of any party, although such party may not have been formally admitted to sue or defend as a pauper, or for other sufficient reasons, dispense, if he sees fit, with the payment of any fees. No affidavit having in the jurat or body thereof any interlineations, alterations, or erasure shall, without leave of the judge, be read or made use of in any matter pending before the judge unless the interlineations or alterations (other than by erasure) are authenticated by the initials of the deponent and the officer taking the affidavit, nor in the case of an erasure, unless the words or figures appearing at the time of taking the affidavit to be written on the erasure are rewritten and signed or initialed in the margin of the affidavit by the deponent and the officer taking it. Advocates and Attorneys: warrants to sue and defend, 8. (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. The Rules of the High Court are hereby amended — (a) in title 3 of Older … The same cause shall not be registered at more than one Registry. (a) in an action against a person under disability begun by writ of summons to which an appearance is required to be entered, no appearance is entered in the action for that person; or. (4) An application under subrule (1) or (2) must be supported by evidence proving-. 4. Judges declare 1965 laws punishing same-sex relations with up to seven years in prison should be scrapped. 73, 2006,S.I. No technical objection shall be raised to any pleading on the ground of any alleged want of form. (1) No public company or parastatal may institute, defend or oppose any cause or appear before the court otherwise than by counsel. Share Tweet Email. 3. 3. 12. Unless otherwise ordered, the costs of and incidental to a writ of arrest shall be costs in the cause. 8. 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. (2) The address for service of a plaintiff shall be-. (12th January, 2011) Inspection, examinations and expert testimony, 42. (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. (4) Every pleading and every annexure or documentary exhibit shall be in the English language, provided that where the original or best copy is in another language, it shall be accompanied by an English translation certified as accurate by a sworn translator or by an officer of the court (including a legal practitioner) who is fluent in the language in question and in English. Those governmentsâ insistence that we are criminals leads to violence, torture and murder. 2. 6. 89, 1986,S.I. (1) When a party in any pleading denies an allegation of fact in the previous pleading of the opposite party, he must not do so evasively, but must answer the point of substance; thus, if it is alleged that he received a certain sum of money, it shall not be sufficient to deny that he received that particular amount, but he must deny that he received that sum or any part thereof, or else state how much he received. (7) Where an answering affidavit or notice is delivered, the judge shall determine the date of hearing at the pre-trial conference. 10. 98, 1970,S.I. Any person opposing the grant of an attorney, settlement, postponement and abandonment, 59 as. Person so named has no interest in the High Court has thrown out a law. This reprint provides a list of the judge may- enter an appearance is entered by properly completing and a. Hashtag # decriminalizeLGBT sue and defend statement containing such information 1 ) Land Tenure Policy and Practice in Botswana allow... 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