KAMPALA, Uganda— A Ugandan appeals court has ruled that prominent businessman Mohan Musisi Kiwanuka has suffered from Alzheimer’s disease since at least May 18, 2017. This landmark decision by the Court of Appeal overturns an earlier High Court ruling and aims to resolve a lengthy family dispute over Kiwanuka’s mental capacity and his vast estate.
Justices Cheborion Barishaki, Christopher Gashirabake, and Dr. Asa Mugenyi delivered the judgment, citing “damning evidence” from the businessman’s medical team and family. They stated the court “simply cannot look the other way.”
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The ruling reverses a 2019 High Court decision by Justice Musa Sekaana, which had rejected Jordan Ssebuliba Kiwanuka’s request to have his father undergo a mental health evaluation.
New evidence, including testimony from four of Kiwanuka’s sisters and two doctors, showed consistent cognitive decline. This included memory loss, personality changes, and difficulty with daily tasks.
The appellate court criticized the High Court’s process, particularly a private, unrecorded 15-minute meeting between the judge and Kiwanuka at a hotel. The justices called this “a defect that taints the inquiry, and the entire trial, with mystery and suspicion.”
The Court dismissed claims that the son’s application was motivated by property, stating it was “not unexpected for a son who has worked closely with his father for over 20 years and noticed memory loss to worry.”
The court granted all of Kiwanuka’s direct descendants and wives full access to him. It also ordered a family meeting within 30 days to appoint a new manager for his estate.
Court documents indicate Kiwanuka owns 46 prime properties in Kampala, including at least 26 in Kololo. A 50-acre property in Sonde, Mukono District, was also part of the dispute.
