Court of Appeal Rules Tycoon Mohan Kiwanuka Suffering from Alzheimer’s, Orders Family to Appoint Estate Manager

 In a landmark judgment with significant implications for mental health and family property rights, Uganda’s Court of Appeal has decisively ruled that Alzheimer’s disease has afflicted prominent businessman Mohan Musisi Kiwanuka since at least May 18, 2017.

The unanimous decision, delivered by Justices Cheborion Barishaki, Christopher Gashirabake, and Dr. Asa Mugenyi, brings to a close a protracted family dispute spanning several years concerning the tycoon’s mental capacity and the control of his extensive estate.

“This Court simply cannot look the other way and hide its head in the sand,” the panel declared in its ruling, citing compelling evidence presented by Mr. Kiwanuka’s medical team and family members.

The appellate court’s judgment effectively overturns a 2019 ruling by High Court Justice Musa Sekaana, which had dismissed an application by Jordan Ssebuliba Kiwanuka to have his father subjected to a mental health evaluation.

Crucially, new evidence introduced under court-granted leave, including testimonies from four of Mr. Kiwanuka’s sisters and two of his doctors, revealed a consistent pattern of cognitive decline. This evidence detailed instances of forgetfulness, pronounced personality changes, and a notable loss of independence in performing basic daily tasks.

The Court of Appeal was particularly critical of the procedure adopted by the High Court, which included a private, unrecorded 15-minute session between the judge and Mr. Kiwanuka at the Golden Tulip Hotel. “This defect taints the inquiry, and the entire trial, with mystery and suspicion,” the justices wrote, highlighting a procedural irregularity that undermined the integrity of the High Court’s proceedings.

Emphasising that the underlying dispute was rooted in genuine concern for Mr. Kiwanuka’s well-being rather than solely property motives, the Court granted all lineal descendants and wives full access to the businessman. Furthermore, it directed the convening of a family meeting within 30 days to appoint a new manager for his substantial estate.

“It is not unexpected for a son who has worked closely with his father for over 20 years and noticed memory loss to worry,” the judgment affirmed, dismissing earlier assertions that a desire for control over property solely drove the application.

Court documents indicate that Mr. Kiwanuka owns 46 prime properties in Kampala, the total value of which remains unspecified. Of these, at least 26 are located in the upscale Kololo area. Another significant property cited in the legal wrangle is a 50-acre parcel of land situated in Sonde, Mukono District.

The ruling is expected to establish a significant precedent for cases involving mental incapacity and the management of family estates in Uganda, underscoring the judiciary’s commitment to ensuring the welfare of individuals facing cognitive decline.