Wakilii

John Kabanda v Bank Of Africa Ltd [2026] UGCOMMC 238

High Court · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to appeal against ruling dismissing application for leave to file written statement of defense in summary suit
Decision
Application for leave to appeal dismissed with costs to the respondent

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Leave to appeal refused. The court held that the applicant failed to demonstrate any substantial question of law warranting serious judicial consideration by the Court of Appeal, nor showed that the earlier decision dismissing his application for leave to defend caused a substantial miscarriage of justice. The trial court had properly assessed the evidence and found no triable issues.

Outcome

Application for leave to appeal dismissed with costs to the respondent

Facts

The respondent bank sued the applicant in a summary suit for recovery of UGX 82,863,007 allegedly lent on 30 August 2018. On 26 July 2024, the applicant filed an application for leave to appear and defend, claiming he had never obtained a loan and that interest exceeding UGX 50,000,000 on a loan of UGX 30,000,000 was illegal and exorbitant. On 21 August 2025, the court dismissed the applicant's application for leave to defend, finding no sufficient grounds and no triable issues. The applicant then sought leave to appeal that ruling.

Issues

  1. Whether this is a proper case for an order for leave to appeal to be granted to the applicant.

Orders

  • Application dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Civil Procedure — Leave to Appeal — Test for Grant of Leave
Leave to appeal shall not be granted except where the intending appellant satisfies the court that the decision involves a substantial question of law or appears to have caused a substantial miscarriage of justice.
Civil Procedure — Leave to Appeal — Prima Facie Grounds
Leave to appeal from an order in civil proceedings will normally be granted where prima facie it appears that there are grounds of appeal which merit serious judicial consideration.
Civil Procedure — Summary Suits — Leave to Defend — Standard of Assessment
Where an applicant seeking leave to defend relies on mere allegations and denials without adducing material facts to support claims, and fails to raise triable issues, leave to defend will be refused.

Cases cited (3)

  • Alley Route Ltd v Uganda Development Bank Ltd (HCMA No. 634 of 2004)
  • Sango Bay Estates Limited v Dresdner Bank [1971] EA 17
  • Venorah Margaret Bray v Raymond Jack Bray [1957] EALR 302

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

John Kabanda v Bank Of Africa Ltd 2026 UGCommC 238 (28 April 2026)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.