GOV.BW

• Following the commencement of proceedings in a case at the high court, a party interested in obtaining security must submit a written notice to the Registrar of the High Court/Court of Appeal location at which the case is to be heard outlining the reasons for requesting security and the amount requested. 
• The Registrar will then assess the validity of the claim for security and the amount and provide directive on the manner of payment.
• If the amount being requested is contested by the other party, the Registrar shall make the final decision on the amount to be given.
• If the other party disagrees with the need to provide security or does not pay the amount ordered within ten(10) days of the Registrar’s decision, the party demanding security may request that the judge  halt the proceedings until the amounts are paid.
• If payments are still not made, the judge may strike out any pleadings made by the party refusing to pay or take other actions as necessary.

An appeal to the Court of Appeal may take two forms, namely;

• As of right-
• By special leave
• In order to lodge an appeal, a party  must serve  a notice of appeal  and file an  application for leave to appeal to the court of appeal with the court below (The high court or The  industrial court) within six weeks (Criminal Form 2).
• When leave is refused by the High Court , you file an application for leave to appeal to the Court of Appeal (Criminal Form 3)
• The Appellant should file a date stamped Notice of Appeal to the Court of Appeal.
• A case is then registered and given a case number at the Court of Appeal.
• If the six weeks has  elapsed before lodging an appeal, the appellant should file  an application with the Court of Appeal seeking leave  to file out of time(Criminal Form 5).
• Only evidence used during the proceedings at court below can be used at the court of appeal. 

• The death of the person in question must be reported to the Masters office in the high court locations in either Gaborone or Francistown (addresses provided below) within 14 days of the death. 
• Once the death is registered, the individual's will is to be executed by the appointed individual from the next of kin meeting (the executor) or as per the will and presided over by Masters Office in the High Court.  
• The role of this executor is to work under the supervision of the Master of the high court to ensure that the terms of the deceased's will and the provisions of Administration of Estates Act [Cap 31:01] are complied with.

• Following the filing of a summons/application to the high court /Magistrate Court if judgement is entered in default of appearance by the defendant, the application is made ex parte. 
• The application must provide sufficient details to allow for easy identification of the case.
• Submit an affidavit supporting the truthfulness of the application for assessment of damages.
• The Registrar/Clerk  set a date for matter to determine the assessment of damages.  Additional evidence may be requested in making this determination.
• A hearing is undertaken to asse​ss damages on the date set by the Registrar/Clerk.
• Following the ruling of the registrar/ Clerk, the plaintiff has fourteen (14) days to apply, in writing, for a reassessment of the damages by Judge/Magistrate.  If this is not done, the assessment becomes final.