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The Court of Appeal in Kampala has overturned a High Court decision and declared ageing prominent businessman Mohan Musisi Kiwanuka mentally unfit to manage his vast estate.
Mohan is the husband of former Minister of Finance Maria Kiwanuka.
The judgment, delivered after a protracted legal battle initiated by his eldest son, Jordan Ssebuliba Kiwanuka, confirms that the tycoon has been suffering from Alzheimer’s disease and dementia since 2017.
The appellate court set aside the earlier High Court ruling, which had dismissed Ssebuliba’s petition for a mental health examination of his father.
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Additionally, the court justices in their ruling, admitted new evidence, including medical reports and affidavits from Mohan’s sisters and doctors, which conclusively proved his deteriorating mental state.
The court also ordered a full audit of all transactions involving Mohan’s estate since 2017 and directed the family to appoint a new manager for his properties.
“An order for the removal of the current individuals/family members managing the Respondent’s estate and an order directing the Appellant to convene a family meeting comprising the Respondent's linear descendants and wives within 30 days from the date of this judgment to appoint a manager of the estate, failure of which, this court shall appoint a substantive manager,” the judgement reads in part.
“Individuals and family members involved in managing the Respondent’s estate to date must provide the Appellant and linear descendants of the Respondent, a full account of all transactions supported by transaction documents involving the Respondent's estate from May 2017 to date including any asset disposals, rental income, sales and loans, mortgages within 30 days of this judgment.”
Family Feud Exposed: Wives and Children at Odds Over Estate
Former Finance Minister Maria Kiwanuka
The case has laid bare deep divisions within the Kiwanuka family, pitting Mohan’s first wife, Beatrice Kavuma Kiwanuka, and her children against his second wife, Maria Nabasirye Kiwanuka, and her offspring.
The dispute traces back to 2019 when Ssebuliba first petitioned the court, citing a 2017 medical report from a UK neurologist that diagnosed his father with dementia.
Maria had initially sought the medical examination after noticing cognitive lapses in Mohan.
However, when Ssebuliba used the same report to challenge his father’s capacity to manage his estate, Maria and her children opposed the move, insisting Mohan was of sound mind. The High Court initially agreed, relying on a brief courtroom interaction with the tycoon.
Yet, in a dramatic twist, Mohan’s own lawyers later admitted in a separate case that he was indeed of unsound mind. This admission bolstered Ssebuliba’s appeal, leading to the Court of Appeal’s decisive ruling.
Evictions, Land Sales, and a Shs 10 Billion Debt
Jordan Ssebuliba Kiwanuka
The legal battle has also exposed contentious financial dealings within the family. Mohan had previously ordered the eviction of Ssebuliba, his siblings, and his mother, Beatrice, from upscale properties in Kololo and Nakasero.
Beatrice, who claims the Kololo residence as her matrimonial home of over 30 years, challenged the eviction, arguing that Mohan had previously acknowledged her right to live there.
Meanwhile, court documents revealed that Maria, as a newly appointed director of the family estate, had signed off on the sale of 50 acres of land in Sonde, Mukono, to Makerere University Retirement Benefits Scheme for Shs 10 billion.
The sale was purportedly meant to settle a Shs 10 billion debt, but Ssebuliba contested the transaction, alleging discrepancies in the land measurements.
Court Orders Family Meeting, Full Audit of Estate
In its final orders, the Court of Appeal mandated a family meeting within 30 days to appoint a new manager for Mohan’s estate.
Should the family fail to agree, the court will step in to appoint one. Additionally, all individuals who have managed Mohan’s affairs since 2017 must provide a full account of all transactions, including asset disposals, rental income, and loans.
The judges emphasised the need for family unity, ordering each party to bear their own legal costs. The ruling marks a significant turning point in the saga, stripping Mohan of control over his empire and placing it in the hands of his descendants.
As the family prepares for the next steps, the case serves as a stark reminder of the fragility of wealth and power in the face of deteriorating health—and the legal battles that ensue when families fracture over inheritance.