Overview:

Ugandan Court of Appeal rules tycoon Mohan Kiwanuka mentally incapacitated due to Alzheimer's, overturning a previous decision and reshaping control of his vast estate.

KAMPALA, Uganda — A landmark ruling by Uganda’s Court of Appeal has significantly shifted control over the multi-million dollar estate of prominent businessman Mohan Musisi Kiwanuka, after declaring him mentally incapacitated due to Alzheimer’s disease since at least May 18, 2017.

The decision, which overturns a previous High Court ruling, brings a definitive turn to a prolonged family dispute regarding the tycoon’s vast property holdings and their management.

Justices Cheborion Barishaki, Christopher Gashirabake, and Dr. Asa Mugenyi delivered the judgment, citing “damning evidence” from Kiwanuka’s medical team and family members that detailed severe cognitive decline. The panel emphasized that the court “simply cannot look the other way” given the overwhelming evidence.

This ruling reverses a 2019 High Court decision by Justice Musa Sekaana, which had previously dismissed an application by Jordan Ssebuliba Kiwanuka, the businessman’s son, seeking a mental health evaluation of his father.

New evidence presented to the appellate court, including testimonies from four of Kiwanuka’s sisters and two doctors, consistently showed a pattern of cognitive deterioration, including significant memory loss, personality changes, and a noticeable decline in the ability to perform basic daily tasks independently.

The Court of Appeal also issued strong criticism of the High Court’s procedural handling, particularly a private, unrecorded 15-minute session between the High Court judge and Kiwanuka at a hotel. The justices stated this procedure introduced “mystery and suspicion” and “taints the inquiry, and the entire trial.”

While earlier claims suggested the son’s application was financially motivated, the court dismissed these. The judgment noted, “It is not unexpected for a son who has worked closely with his father for over 20 years and noticed memory loss to worry,” underscoring that the dispute was rooted in genuine concern for the businessman’s well-being.

Crucially for the future of his business interests, the court’s decision grants all of Kiwanuka’s lineal descendants and wives full access to him. More significantly, it has directed the convening of a family meeting within 30 days to formally appoint a new manager for his expansive estate. This directive signals a fundamental change in the oversight and strategic direction of his business operations and property portfolio.

Court documents confirm that Kiwanuka’s extensive portfolio includes 46 prime properties located across Kampala, with their collective value currently unspecified.

Among these valuable assets, at least 26 are situated in the upscale Kololo neighborhood. Additionally, a 50-acre property in Sonde, Mukono District, was a specific point of contention in the legal wrangle, highlighting the substantial scale of the assets now subject to new control.