KAMPALA, Uganda | The Court of Appeal has ruled that famous businessman and entrepreneur Mohan Musisi Kiwanuka is mentally unfit due to Alzheimer’s disease, which prevents him from managing his vast personal and business interests.
The case began in 2019 when Jordan Ssebuliba Kiwanuka petitioned the Family Division of the High Court for judicial intervention, arguing that his father’s deteriorating mental health made the family’s business empire susceptible to asset dissipation, financial mismanagement, and outside manipulation.
Jordan Ssebuliba Kiwanuka, Mohan Kiwanuka’s son, requested a mental health assessment of his father in a prior High Court petition , but the request was turned down.
According to Jordan, his father’s cognitive condition had deteriorated considerably since 2017, rendering him unable to manage his multimillion-dollar estate and business assets.
However, the High Court denied the petition, concluding that Jordan had not provided enough justification to support having his father examined mentally.
Dissatisfied, Jordan appealed to the Court of Appeal, which gave him the opportunity to provide more evidence that was not available at the High Court trial.
The Court of Appeal’s Justices Christopher Gashirabake, Catherine Bamugemereire, and Muzamiru Mutangula Kibeedi consented to admit additional evidence.
The justices rejected the previous High Court decision that had denied a mental examination order, emphasizing that this condition had compromised his ability to manage both personal and business affairs.
The High Court’s ruling, according to the justices of the Court of Appeal, definitively addressed the respondent’s mental competence issue, rendering it appealable as of right.
“This court declares that the respondent (Mohan Musisi Kiwanuka) has been suffering from Alzheimer’s disease/dementia since 18 May 2017 and is unable to manage his affairs,” the justices wrote in their ruling.
Mohan Kiwanuka’s declining mental state was confirmed by sworn testimony from close family members and medical evaluations by multiple doctors, who concluded that he had Alzheimer’s dementia.
In addition to reversing the High Court’s ruling, the justices ordered an accounting of estate transactions from 2017 onwards, required a family meeting to select a new estate manager (if that failed, the court would select one), and allowed access to the respondent’s medical records in the presence of his relatives, biological sisters, uncle, and his personal doctors.
Mohan Kiwanuka is the founder of Oscar Industries, which is an established company empire that includes real estate, manufacturing, and hospitality.
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