Jordan Ssebuliba Kiwanuka (L) and his father Moran Kiwanuka during the old good days
In a major legal development that reshapes the ongoing succession battle within one of Uganda’s most prominent business families, the Court of Appeal has ruled that celebrated businessman Mohan Musisi Kiwanuka is mentally incapacitated and incapable of managing his vast personal and commercial interests due to Alzheimer’s disease.
The judgment, delivered on May 30, 2025, reverses the earlier High Court decision that had dismissed a petition brought by Mohan Kiwanuka’s son, Jordan Ssebuliba Kiwanuka, who sought legal orders for a mental health examination of his father.
Jordan had alleged that his father’s cognitive condition had seriously deteriorated since 2017, rendering him unfit to continue managing his multimillion-dollar estate and corporate portfolio.
The Court of Appeal, composed of Justices Muzamiru Mutangula Kibeedi, Catherine Bamugemereire, and Christopher Gashirabake, agreed to admit fresh evidence on appeal.
This included affidavits from Mohan Kiwanuka’s sisters, uncle, multiple medical experts, and records from related High Court proceedings.
After reviewing the new evidence in its totality, the Court found that the respondent has suffered from progressive mental illness for several years.
In their findings, the justices stated: “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 this condition had compromised his ability to oversee both personal and business matters, rejecting the earlier High Court ruling that had declined to issue a mental examination order.
According to the Court of Appeal, the new evidence “amply demonstrated that the respondent suffers from a degenerative condition which has progressively affected his mental capacity over time.”
The case originated in 2019 when Jordan Ssebuliba Kiwanuka filed a petition in the Family Division of the High Court seeking judicial intervention.
He contended that his father’s deteriorating mental health had exposed the family’s business empire to financial mismanagement, asset dissipation, and external manipulation.
The High Court, however, dismissed the petition, holding that Jordan had failed to demonstrate sufficient grounds to justify subjecting his father to a mental evaluation.
Dissatisfied, Jordan filed an appeal to the Court of Appeal, which in turn allowed him to present additional evidence unavailable during the High Court trial.
Among the most compelling documents admitted on appeal were detailed medical evaluations conducted by several doctors, who diagnosed Mohan Kiwanuka with Alzheimer’s dementia, alongside sworn testimony from close family members confirming his declining mental state.
The Court found this fresh evidence credible and conclusive. It observed that: “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.”
Having determined that Mohan Kiwanuka is no longer capable of handling his affairs, the Court of Appeal set aside the High Court’s dismissal and issued several consequential directives aimed at safeguarding both the welfare of the respondent and the integrity of the family estate.
The Court ordered that family members be granted physical access to Mohan Kiwanuka, as well as access to his medical records, and directed a full account to be rendered of all estate transactions conducted from 2017 to date.
Furthermore, the Court ordered the convening of a family meeting to appoint a manager for the respondent’s estate, warning that should the family fail to agree on a suitable candidate, “the Court shall appoint one.”
In its closing remarks, the Court underscored the importance of family cohesion, noting that in the interest of unity, “there shall be no order as to costs.”
The ruling marks a turning point in one of Uganda’s most high-profile family business disputes.
Mohan Kiwanuka, the founder of Oscar Industries, built a business empire spanning manufacturing, real estate, and hospitality.
His incapacitation raises significant implications for both the succession plans of the Kiwanuka family and broader legal questions regarding estate management, mental capacity, and succession planning for family-owned businesses in Uganda.
The Court’s judgment may serve as a critical precedent in Uganda’s evolving jurisprudence on mental incapacity and eldercare, particularly in the context of wealthy family businesses confronting generational transitions.
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