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. The court dismissed the “no case to answer” that Morupisi and his wife had brought before the court. (1) Further pleadings may, subject to the provisions of rule 2, be filed and delivered by the respective parties within 14 court days of the previous pleading delivered by the opposite party. 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.”. 4. On good cause shown to the Registrar, an attorney may, without filing a power of attorney, enter appearance on behalf of a client to defend proceedings, on the condition that the power of attorney is filed as soon as possible and in any event before any further step is taken by such attorney. (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. 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. Title of Parties . Botswana's high court has thrown out a colonial-era law that criminalized same-sex relations in a landmark ruling lauded by activists. (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. (3) Where a writ of summons or other originating process is … 9. Service of any process or document in a foreign country shall be proved by a certificate of the person effecting service in which he identifies himself, states that he is authorised under the law of the country to serve process or documents therein, and that the process or document in question has been served as required by the law of that country, and sets forth the manner and the date of such service. 58, 1989,S.I. IN THE HIGH COURT 133 . Botswana High Court rules ban on sexual relationships between same sex persons is unconstitutional. Who is eligible? The plaintiff shall set down the case for hearing before noon on the court day but one preceding the day upon which it is to be heard. By Bill Chappell • Jun 11, 2019 . The Registrar shall have the authority to limit the hours during which process may be filed, provided that in doing so, he shall ensure that process may be filed for at least five hours on any court day. (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. 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. It was created as a superior court of record with, unlimited original jurisdiction to hear and determine any criminal and civil cases under any law. “Botswana has done it, yes the good work starts here and now,” said Una Ngwenya, Executive Director … Homosexual acts are outlawed in Botswana under the country's penal code of 1965. Rules for the framing of indictments or summonses 132 . 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,” said Jessica Stern, Executive Director, OutRight Action International. 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. 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. (2) Any alteration or amendment of an originating process, whether before or after issue, shall, before service thereof, be initialed by the Registrar, and until so initialed such alterations and amendments shall have no effect. If you need professional or legal advice you should consult a suitably. 2. 11. (a)   dismiss the exception, in which event the subsequent pleading shall be filed and delivered within 10 court days of such dismissal; (i)   dismiss the action or defence, as the case may be, or, (ii)   allow such amendment as may be necessary to remove the cause of complaint, in which event the subsequent pleading shall be filed and delivered in terms of paragraph (a) above; or. (2) An originating process shall be issued by the Registrar or other officer of the court empowered to issue an originating process. 8. 6. 2. (10) Where an application cannot properly be decided upon affidavit, the judge may dismiss the application or the judge at the pre-trial conference may make such order as to him seems meet with a view to ensuring a just and expeditious decision; and in particular, but without affecting the generality of the foregoing, he may direct that oral evidence be heard on specified issues with a view to resolving any dispute of fact and to that end may order any deponent to appear personally or grant leave for him or any other person to be subpoenaed to appear and be examined and cross-examined as a witness, or he may refer the matter to trial with appropriate directions as to pleadings or definition of issues or otherwise. Shall not be withdrawn without leave of the High Court against refusal of bail 114 then the. Delivered to the further prosecution of the Registry for the … Botswana ’ High. Appearance must specify- payable to witnesses in civil proceedings in the notice of shall-. 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