Preliminary (ss 1-2) 1. 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. 3. 39. The effect of the High Court Rules is that litigation in Botswana has become “front heavy” where a significant amount of work, preparation and documents are required at the initial stages of litigation rather than when the parties are preparing for trial or at the stage when the parties would otherwise have exchanged documents. The courts of Botswana shall, within the limits of their jurisdiction, apply customary law in all cases and proceedings in which, by virtue of the provisions of this Act or any other law, customary law is properly applied and where it is not properly appl ied such courts shall apply the common law. 4. 47. Appeals out of time. 45. Review as of course. An Act to make provision for magistrates' courts and for the jurisdiction of persons presiding over such courts and matters incidental thereto or connected therewith. The rules of civil procedure in the Magistrates Courts of Zimbabwe - When rules of civil procedure become an enemy of justice to self-actors.pdf The Zimbabwe Electronic Law Journal Commentary on Contemporary Legal Issues 4. Lodging of charges in a magistrate's court 126 . 4. Appointment of judges of High Court 97. Summons in magistrate's court 127 . "court" means the High Court of Botswana; "Registrar" means the Registrar of the High Court of Botswana. Charges in remitted cases C. INDICTMENTS AND SUMMONSES 128 . Nature of the courts and force and effect of process (1) Every court shall be a court … 95. 2. Revisory powers of the magistrates' court. Jurisdiction and composition 96. 123 . Service of any documents of the court under this Act, shall be-(a) effected by the clerk of the court, member of the Botswana Police Service, member of the Local Police or a Deputy Sheriff who shall deliver a certified copy of the documents to the respondent; and (b) … 42. 41. PART I . Thus the superior court for Botswana is the Court of Appeal followed by the High Court and then Magistrates courts. 40. Constitution_Of_Botswana.TXT PART VI Interpretation 94. The order of seniority or status of the court is as set out in the order of the numbering. Power of appeal. 99. 44. Establishment of courts There shall be courts subordinate to the High Court to be known as magistrates' courts presided over by magistrates appointed for the purposes of this Act. Procedure on transfer from customary court to magistrate's court. These are usually the courts of first instance. Establishment and Nature of Courts (ss 3-7) 3. Tenure of office of judges of High Court 98. Charge in the High Court to be laid in an indictment 124 . P30,000 Iii. (3) Any person subpoenaed to attend before a Land Tribunal who, Magistrates Courts are created by statute, the Magistrates Courts Act, as subordinate courts. The superior court for customary courts is the Customary Court of Appeal and in descending order to the headman’s court as the lowest court. Execution of orders of High Court, magistrates' courts or other customary courts. 46. BLUE BOOK - BOTSWANA 17 (2) Witnesses attending before a Land Tribunal, at the instance of Tribunal, shall be entitled to be paid fees or allowances on the same scale as are applicable in a magistrate's court. This Act may be cited as the Magistrates' Courts Act. Application of other rules. Short title . In this Act, unless the context otherwise requires- "bailiff" Finally, we have Magistrates Courts. Appeals. 43. Courts of appeal. When the case is pending B. SUMMONSES AND CHARGES IN MAGISTRATES' COURTS 125 . 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