KAMPALA – In a landmark judgment that could reshape the legal understanding of mental health and family property rights in Uganda, the Court of Appeal has ruled that renowned businessman Mohan Musisi Kiwanuka has been suffering from Alzheimer’s disease since at least May 18, 2017.

The decision, delivered by Justices Cheborion Barishaki, Christopher Gashirabake, and Dr. Asa Mugenyi, marks the climax of a years-long family dispute over the tycoon’s mental capacity and control of his vast estate.

“This Court simply cannot look the other way and hide its head in the sand,” the panel ruled, citing damning evidence from the businessman’s medical team and family members.

The court overturned a 2019 ruling by Justice Musa Sekaana of the High Court which had dismissed Jordan Ssebuliba Kiwanuka’s application to have his father subjected to a mental health evaluation.

New evidence from four of Kiwanuka’s sisters and two of his doctors introduced under court-granted leave revealed a consistent pattern of cognitive decline, including forgetfulness, personality changes, and loss of independence in basic tasks.

The Court was especially critical of the procedure adopted by the High Court, which included a private, unrecorded 15-minute session between the judge and Kiwanuka at Golden Tulip Hotel.

“This defect taints the inquiry, and the entire trial, with mystery and suspicion,” the justices wrote.

Emphasizing that the dispute was rooted in genuine concern for the Respondent’s wellbeing, the Court granted all lineal descendants and wives full access to Kiwanuka and directed the convening of a family meeting to appoint a new estate manager within 30 days.

“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 read, dismissing earlier claims that the application was driven by property motives.

In the court documents, Mr Kiwanuka owns 46 prime properties in Kampala worth an unspecified sum.

Of the 46 properties that Mr Ssebuliba listed, at least 26 are found in Kololo. Another property which was cited in the wrangle is comprised in 50 acres located at Sonde in Mukono District.