In a landmark ruling that reshapes the legal and business landscape for one of Uganda’s most prominent families, the Court of Appeal has declared renowned businessman Mohan Musisi Kiwanuka mentally incapacitated due to Alzheimer’s disease, effectively removing him from control over his multimillion-dollar estate.
The decision, delivered on May 30, 2025, reverses a prior High Court judgment that had dismissed a petition by Kiwanuka’s son, Jordan Ssebuliba Kiwanuka, seeking legal orders for a mental health assessment of his father.
Jordan argued that his father’s cognitive health had significantly deteriorated since 2017, rendering him incapable of managing his vast business empire, which includes interests in manufacturing, real estate, and hospitality under Oscar Industries.
The appellate court, comprising Justices Muzamiru Mutangula Kibeedi, Catherine Bamugemereire, and Christopher Gashirabake, allowed the submission of new evidence. This included:
- Medical evaluations from multiple specialists diagnosing Kiwanuka with Alzheimer’s dementia
- Affidavits from close family members, including his sisters and uncle
- Official records from earlier High Court proceedings
Upon reviewing this fresh evidence, the justices ruled:
“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 court emphasized that the degenerative nature of the disease had compromised Kiwanuka’s capacity to oversee both personal and corporate matters.
The original petition, filed in 2019, was dismissed by the High Court on grounds that Jordan had not demonstrated sufficient cause for ordering a mental evaluation. Dissatisfied, Jordan appealed, presenting new and compelling evidence on appeal.
The Court of Appeal found the additional evidence both credible and conclusive:
“Whereas the evidence before the High Court may have been insufficient at the time to warrant the relief sought, the additional affidavits and medical reports now leave no doubt that the respondent’s cognitive impairment is significant and enduring.
The Court issued several directives aimed at protecting Kiwanuka’s welfare and the integrity of the family estate:
- Physical and medical access: Family members were granted the right to visit Kiwanuka and access his medical records.
- Financial transparency: A full account of all estate transactions from 2017 to date was ordered.
- Estate management: The family must convene to appoint a suitable estate manager. If consensus fails, the Court will appoint one.
- No order as to costs, in a gesture meant to promote family cohesion.
This ruling is expected to set a legal precedent in Uganda regarding mental incapacity, eldercare, and estate management. With Mohan Kiwanuka’s incapacitation, the Kiwanuka family now faces critical decisions regarding succession and stewardship of one of Uganda’s most iconic business empires.
The case underscores the growing importance of legal clarity and medical evidence in succession disputes involving aging patriarchs in family-owned businesses.
