BlBlLE vs BADUGE – sllr 2008 volume 1 page 374

In the case between BlBlLE (plaintiff) and BADUGE (defendant), the court addressed whether a Licensed Surveyor, whose name and plan appeared in both parties’ witness lists, could be allowed to testify although the witness list was filed after trial commenced. The court determined that given the witness’s prior involvement—including a commission issued by the court and inclusion in both lists—special circumstances under Section 175(1) of the Civil Procedure Code had arisen. The principles under Sections 121 and 175 were reaffirmed, emphasizing the court’s discretionary authority to permit the leading of such evidence in exceptional situations. The decision set aside the District Court’s exclusion of the witness and allowed the appeal, reinforcing judicial flexibility to ensure material evid