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