facilitate a proper resolution of this issue. These functions are as
follows:1.

Pleadings define with clarity and precision the issue or
questions which are in dispute between the parties and fall to
be decided by the court. If the Defendant admits in his
statement of defence a fact which is alleged in the statement of
claim, what is admitted ceases to be in controversy between the
parties. It need not be proved at the trial by any of the parties
but is taken as established. It is only those facts alleged in the
statement of claim and denied in the statement of defence that
will require trial. They constitute the facts on which the parties
have joined issues. These alone call for trial. Evidence has to be
addressed to prove them. Accordingly, it is at the close of the
pleadings that the scope of the dispute can be determined.

[32] From the combined effect of the two principles detailed ante emerges
the cardinal rule that a party is not permitted to advance evidence on
a matter that is not raised in his own pleadings nor in that of his
opponent. Having specifically pleaded a fact a party is bound by the
fact as pleaded and cannot seek to lead evidence at variance with it.
The court is also bound by the pleadings. Its jurisdiction is
circumscribed within the facts as pleaded by the parties.”

[22] Having admitted that the words in the context of the article were intended
and were understood by the readers of the newspaper to mean that the
Respondent was an imposter who had usurped the chieftaincy of
Kontshingila where she is not entitled to act by virtue of the fact that she is
not a Simelane, the Appellants cannot turn around, as they sought to do both
in the court a quo and this court, to say that the words used are an innuendo
and not defamatory per se. This is because by their admission they agreed
that the meaning is apparent from the words used and is so understood by
the ordinary reader of the newspaper, which reader, according to the
authorities is the ordinary intelligent and reasonable man on the streets of
Swaziland. This takes the words in the context of the article out of the realm
of an innuendo. This is the applicable test. See for instance: Argus Printing
14

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