Mujasi Vs Magombe & Anor (Election Petition Appeal No. 0027 of 2017) [2017] UGCA 24 (29 August 2017)

Flynote

Elections

Case summary

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.

---