MARTIN FREDRICK RAJAB VS. ILEMELA MUNICIPAL COUNCIL AND ANOTHER. CIVIL APPEAL NO. 197 OF 2019.

Abstract

HELD i) Parties are bound by their pleadings and can only succeed according to what he has averred in his plaint and proved in evidence; hence he is not allowed to set up a new case. the appellant was required to parade evidence to support what he had earlier pleaded and not to depart from his pleadings in respect of what constituted the suit property. ii) The burden of proof lies on the Plaintiff who brought action in the court and the case is proved on the balance of probabilities.