JUDGMENT UPDATE
In a recent decision of the Court of Appeal (PHILLIP NGUNOVANDU & 53 OTHERS v UNITRANS BOTSWANA (PTY) LTD), wherein, Armstrongs Attorneys successfully acted for Unitrans Botswana, the Court of Appeal reaffirmed the position that, it is of paramount importance that a party seeking to institute legal proceedings, should do so in the appropriate form, and that where this was not done, the Court had the discretion to dismiss the matter in its entirety. Unitrans had argued that the nature of the relief sought by the 54 Appellants could not appropriately be determined by way of affidavit and that same required that oral evidence should have been lead. The Court held that the election by the Appellants (to proceed by affidavit) was inappropriate and they, therefore, had to suffer the consequences of their election, being the dismissal of their case with costs.
