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| Africa backwards, misled by scientists |
| I am a scientist and have found out the secret that the west has used to ensure we in Africa remain backwards. I am about to unleash an article in a leading research magazine that the formula Force = Mass X Acceleration (F=MA) is incorrect and does not apply to Africa. Our usage of this formula makes us not progress. What can I do to rescue Africa? Can I sue the inventor? |
| UI, Gaborone |
First we thank you for writing to us from Gaborone. As is our style, we shall tell you the truth, or what we believe is the truth. We hope our usual frank responses will not offend you and you will still continue reading our column.
The formula F=MA has been existence for the last hundreds of years, and was derived by Sir Isaac Newton. Newton's laws were verified by experiment and observation for over 200 years, and they are excellent approximations at the scales and speeds of everyday life. This formula has worked in all major engineering projects that we have read about. Infact the formula is one of the widest used formulae and has worked across the world. It has no geographic or political barrier, it works in climates in any region of the world.
What we are unable to make sense of your question is how you can assert that the formula leads to Africa's purported backwardness. You have not provided any facts in support of your contention and we find this farfetched to say the least.
Suing Sir Isaac Newton today might likely not be possible as you don’t really have a cause of action against him. He however did not impose the formula on us and you will likely have no cause of action in any case. The possibility of you suing his estate is also very remote. We suggest apart from your research on F=MA, you also look at other factors that have led to Africa's problems.
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We also recommend you speak to other professionals in your field who can connect F=MA to Africa’s problems- we are unable to think of any relation whatsoever and are confused.
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| Advocates fee high |
| I negotiated fees with my lawyer for a certain transaction and now that it is complete I find the fees very high. I have decided not to pay him and seek your advice on how I can achieve this. Kindly guide. |
| PE, Dar |
Whilst we appreciate your honesty in telling us the exact reasons for not wanting to pay your lawyer, we believe that apart from your proposal being unfair, you are bound by the four corners of the contract that you entered into with your lawyer. You cannot unilaterally decide to reduce the fees- you risk being sued by your lawyer for non-payment of fees.
We recommend that you discuss this issue with your lawyer and see if he or she will renegotiate. If this does not work we recommend you pay your lawyer as agreed. Otherwise engage another lawyer to guide you on this.
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| Stay of execution at High Court |
| I have filed an appeal at the Court of Appeal after losing at the High Court. In parallel I also filed a stay of execution pending appeal at the High Court. My lawyer informed me that the stay of execution at the High Court would be easier to obtain. The other party has filed preliminary objections claiming that the High Court has no jurisdiction to entertain the stay of execution. Please guide. |
| OI, Dar |
In view of recent Court of Appeal judgments, we are of the opinion that the preliminary objection will be upheld, and your application for stay at the High Court will be dismissed.
Rule 11(2)(b) of the Court of Appeal Rules states that (b) in any civil proceedings, where a notice of appeal
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has been lodged in accordance with Rule 83, an appeal, shall not operate as a stay of execution of the decree or order appealed from except so far as the High court or tribunal may order, nor shall execution of a decree be stayed by reason only of an appeal having been preferred from the decree or order; but the Court, may upon good cause shown, order stay of execution of such decree or order. (c) where an application is made for stay of execution of an appealable decree or order before the expiration of the time allowed for appealing therefrom, the Court, may upon good cause shown, order the execution to be stayed. (d) no order for stay of execution shall be made under this rule unless the Court is satisfied- (i) that substantial loss may result to the party applying for stay of execution unless the order is made; (ii) that the application has been made without unreasonable delay; and (iii) that security has been given by the applicant for the due performance of such decree or order as may ultimately be binding upon him. (e) notwithstanding anything contained in sub-rule (d), the Court, may make an ex parte order for stay of execution pending hearing of the appeal or application.
Reading the above, with various Court of Appeal judgments, we opine that the High Court indeed does not have jurisdiction to entertain your stay as your appeal has already been filed. You cannot be "forum shopping" and should have applied for stay of execution at the Court of Appeal as per the Court of Appeal rules. You are now also time barred to apply for a stay at the Court of Appeal and will need to file an application for extension of time to file for stay, and such applications are sparingly granted, and must be supported with strong arguments if they are to be successful.
We suggest your lawyers reconsider your High Court of application.
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| This column is intended to give you a general over view of
the Law. It is not a substitute
to the role of your legal advisor. If you
have legal issues, you are strongly recommended
to contact your Attorney. |
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