Elections

Mujasi Vs Magombe & Anor (ELECTION PETITION APPEAL NO. 0027 OF 2017) [2017] UGCA 24 (29 August 2017);

Flynote: 

Search Summary: 

The applicant sought leave of court to
adduce additional evidence. The respondent
contested the admission of the additional
evidence.

Headnote and Holding: 

Court considered whether allowing the
applicant leave to adduce new evidence was
justifiable.

Court held that the applicant was bound by
his pleadings and thus admitting new
evidence would amount to allowing the
applicant substantially amend and depart
from his pleadings to the detriment of the 1 st
respondent.
Court added that the evidence the applicant
sought to adduce was not new and
unavailable at trial but was evidence the
applicant sought to have admitted to prove
issues not pleaded nor contested at trial.
Court accordingly dismissed the application.

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