Documentary Evidence

Dr. Kakonge v Christine Bitabeiho (Civil Suit No. 755 of 1992) ((Civil Suit No. 755 of 1992)) [1993] UGHC 8 (17 March 1993);

Flynote: 

Search Summary: 

The plaintiff in this case brought an action against the defendant seeking for orders for the award of general damages for the unlawful detention of his vehicle. He also prayed for a declaration that the vehicle was property of the plaintiff. During the trial when the plaintiff purported to tender in evidence of a Photostat copy of a document which he said was forged alleging sale by the plaintiff to the defendant’s late husband that was objected to by the defense hence this ruling.

Headnote and Holding: 

The court held that evidence must be consistent with pleadings and the court is not permitted to reach a decision based on a ground which is not pleaded. 

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