The Court of Appeal in Kampala has ordered the joint family control of the vast estate of embattled real estate tycoon Mohan Musisi Kiwanuka, ending a seven-year legal feud triggered by concerns over his mental health.
In a 58-page judgement delivered on May 30, a panel of Justices Cheborion Barishaki, Christopher Gashirabake, and Dr Asa Mugenyi declared that Mr Kiwanuka has been mentally ill since May 18, 2017, suffering from Alzheimer’s disease, a progressive neurodegenerative disorder that impairs memory and decision-making.
The court voided the earlier ruling of the High Court in Miscellaneous Cause No. 249 of 2019 and directed that a full family meeting involving Mr Kiwanuka’s biological descendants and wives be held within 30 days to appoint a substantive estate manager, warning that failure to do so will prompt the court to appoint one itself.
“All individuals and family members who have been managing the respondent’s estate to date are hereby ordered to give a full account of all transactions, asset disposals, rental incomes, sales, loans, or mortgages from May 2017 to date, with proper documentation,” the judgement read.
The justices further ordered the removal of all current handlers of the estate and granted Kiwanuka’s family unfettered physical and medical access to him, both in Uganda and abroad.
The case stems from a petition filed by Mr Kiwanuka’s son, Jordan Kiwanuka, born from his first marriage to Beatrice Luyiga Kavuma Kiwanuka. Jordan had alleged that his father’s deteriorating mental health had been exploited by his second wife, Maria Nabasirye Kiwanuka, the former finance minister, who denied him access to his father.
Although the High Court previously dismissed the case, citing lack of “glaring proof of insanity” after a closed-door meeting with Kiwanuka, the appellate justices found ample medical and testimonial evidence proving significant mental decline.
Jordan presented affidavits from four of Kiwanuka’s sisters, their uncle Dr Muhammad Kasasa, and two attending doctors, Dr Simon Ssekiganda Luzige and Dr Harriet Nankabirwa, confirming memory loss and compromised decision-making capacity.
One of the most compelling pieces of evidence was a 2019 power of attorney authored by Kiwanuka himself, acknowledging his failing mental state and authorising future medical decisions.
The judgement also reprimanded Kiwanuka’s legal counsel, Francis Buwule, for swearing an affidavit despite admitting in court that his client had diminished mental capacity. “The Law Council should be deeply interested in this case,” the court ruled, forwarding Buwule’s conduct for investigation over potential ethical violations.
Who is Mohan Kiwanuka?
Mohan Musisi Kiwanuka is one of Uganda’s most influential businessmen, with major investments spanning media, manufacturing, real estate, construction, and travel.
He owns over 46 prime properties, with at least 26 located in Kololo, Kampala’s most elite residential area. Some of the companies under his empire include Radio One, Radio Two (Akaboozi), Oscar Industries, Visa Plastics, Metro Services, and multiple real estate entities like Summit Estates Ltd and Pokino Properties.
Among the prime properties listed in court documents are plot 10A and 10B Akii Bua Road, Nakasero; plot 21–29 Golf Course Road, Kololo; plot 40B Windsor Crescent, Kololo; plot M244 Ntinda Industrial Area; and Block 38, Plot 112, Wandegeya.
The court ruling now paves the way for orderly management and accountability over one of Uganda’s largest privately owned property portfolios.
