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The respondent's evidence was at serious variance with her pleadings, constituting a fundamental irregularity that vitiated the proceedings; thus, the trial tribunal's proceedings, judgment, and decree are quashed and set aside.
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Paragraphs 17, 18, 19, 20, 22, and 23 of the defendant's witness statement introduce a distinct cause of action not pleaded in the amended plaint or written statement of defence. Such matters cannot be introduced through witness statements or list of documents, as parties are bound by their pleadings to avoid prejudice and surprise. The objection is merited and the impugned paragraphs are expunged or not considered.
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