Court orders for  manager to oversee  Kiwanuka’s estate

KAMPALA - The Court of Appeal has ordered the appointment of an individual to manage the estate of businessman Mohan Musisi Kiwanuka, who is suffering from memory loss.

The decision was made after it was ruled that he (Kiwanuka) has been suffering from Alzheimer’s disease and dementia since 2017 and is therefore incapable of managing his affairs.

The judgment was made after Kiwanuka’s son, Jordan Kiwanuka Ssebuliba, challenged the High Court’s decision dismissing his petition to subject his father to a mental health examination, alleging his father’s dementia and inability to manage his affairs.

On May 30, 2025, three justices led by Cheborion Barishaki ordered the removal of the current individuals or family members managing Kiwanuka’s estate and directed Ssebuliba to convene a family meeting comprising the businessman’s lineal descendants and wives within 30 days from the date of the judgment to appoint the manager of the estate.

Other justices on the panel are Christopher Gashirabake and Dr. Asa Mugenyi.

The justices said failure by the family to do so would result in the court appointing a substantive manager of Kiwanuka’s estate.

The court also directed for a comprehensive audit of the accounts of the businessman.
“The account of Kiwanuka’s estate transactions from May 2017 to date should be provided,” Barishaki ordered.

“The individuals and family members involved in managing Kiwanuka’s estate to date shall provide Ssebuliba and Kiwanuka’s lineal descendants with a full account of all transaction documents from 2017 to date, including any asset disposals, rental income, sales, loans, and mortgages, within 30 days of this judgement,” he ruled.

The court has also issued an order allowing Kiwanuka’s son, Ssebuliba, and his lineal descendants access to all the businessman’s medical records from both Uganda and the United Kingdom, and participation in the management of Kiwanuka’s care and treatment.

“Kiwanuka’s lineal descendants and relatives should have unfettered physical access to him,” Barishaki directed.

The justices said that since the litigation focused on resolving a family dispute, unity and cohesion within Kiwanuka’s family necessitate that each party bear their own costs.

The court made provisions for Kiwanuka’s affairs, hoping it would improve his well-being and protect his vast estate.

“Unable to make many decisions for himself at this point, Kiwanuka should no longer live in seclusion from his immediate family,” Barishaki stated.

The justices ruled that Ssebuliba had presented compelling medical evidence confirming his father, Kiwanuka, was suffering from a mental illness that rendered him of unsound mind.

The justices said that if the trial judge was concerned that Ssebuliba was not fit and proper to manage his father’s affairs, another management arrangement could have been devised to involve more family members and other people in Kiwanuka’s affairs.

“Whether Ssebuliba was motivated by bad faith in approaching the court or not, Kiwanuka was suffering from an advanced mental illness. The High Court should have explored suitable options for Kiwanuka’s care and management,” Barishaki ruled.

The justices observed that being cared for by a loving spouse at home with treatment managed by a professional medical team does not negate the fact that the person has a mental illness.

The justices disagreed with Kiwanuka’s lawyer’s assertion that Ssebuliba’s cause of action was merely a fight of egos between father and son or a scramble for property.

They noted that Kiwanuka himself had no affidavit or testimony on record alleging the said facts.

“When all is said and done, what cannot be ignored is that the learned trial judge had before him an elderly person who scored 77 on the Addenbrooke’s cognitive examination, indicating mental illness. It is unfortunate that this sensitive issue, supported by medical evidence, has been reduced to a property dispute by Kiwanuka’s counsel,” Barishaki noted.

Businesses, children

The court heard that Kiwanuka is a successful businessman with several businesses in Uganda. Kiwanuka has over 20 companies, including Oscar Industries Limited and a number of prime properties in Kololo, Nakasero, and other parts of the Kampala Metropolitan area.

Kiwanuka is married to Beatrice Luyiga Kavuma Kiwanuka, mother of his five children, while his second wife, Maria Nabasirye Kiwana Kiwanuka, the former finance minister, is the mother of his three children.

All the Kiwanuka children are adults.