Wakilii

National Social Security Fund v Kabuye Ibrahim and Others (Miscellaneous Application No 3331 of 2024)

High Court · [2025] UGHCLD 54 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to appeal against a ruling granting leave to amend a written statement of defence
Decision
Leave to appeal granted to the applicant

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

Held that the applicant established prima facie grounds of appeal warranting serious consideration by the Court of Appeal, particularly concerning the propriety and extent of amendments to the 9th Respondent's defence. The proposed grounds raised arguable questions about whether the trial judge erred in allowing amendments that amounted to a complete departure from the original defence. Leave to appeal granted.

Outcome

Leave to appeal granted to the applicant

Facts

The applicant, National Social Security Fund, sought leave to appeal against a ruling dated 3rd December 2024 in which the court granted the 9th Respondent (Commissioner Land Registration) leave to amend its written statement of defence in Civil Suit No. 366 of 2020. The applicant contended that the amendment did not constitute a true amendment but rather a complete substitution of the defence with an entirely different one, based on purported new findings. The applicant argued that granting such leave offended established principles governing amendment of pleadings and was prejudicial. The 4th and 9th Respondents opposed the application, arguing that the amendment was sought in good faith following further investigations, that it was made at an early stage, and that the application was a delay tactic. The applicant attached a draft memorandum of appeal raising grounds concerning whether the trial judge erred in allowing amendments that contravened amendment principles and condoned illegality.

Issues

  1. Whether there are sufficient grounds to grant the applicant leave to appeal?

Orders

  • Leave to appeal is granted.
  • No orders as to costs.

Rules and key headnotes

Civil Procedure — Leave to Appeal — Test for Granting Leave
An applicant seeking leave to appeal must show either that the intended appeal has reasonable chances of success or that there are arguable grounds of appeal and the applicant has not been guilty of dilatory conduct.
Civil Procedure — Leave to Appeal — Prima Facie Grounds
The applicant must prove the existence of prima facie grounds of appeal which merit serious consideration by the appellate court.
Civil Procedure — Right of Appeal — Statutory Creature
The right to appeal is a creature of statute. Where there is no automatic right of appeal, a party must seek leave of court to do so.

Legislation cited (4)

Cases cited (3)

  • Shah v Attorney General (1971) EA 50
  • Degeya Trading Stores (U) Ltd v Uganda Revenue Authority (Court of Appeal Civil Application No. 16 of 1996)
  • Sango Bay Estates Ltd & Ors v Dresdner Bank A.G (1972) EA 17

Full judgment

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

National_Social_Security_Fund_v_Kabuye_Ibrahim_and_Others_(Miscellaneous_Application_No_3331_of_2024)_[2025]_UGHCLD_54_(9_May_2025)
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.