Court orders son, mother to vacate Kiwanuka’s property

Businessman Mohan Kiwanuka’s properties will remain intact after court yesterday dismissed a second case that his son Jordan Ssebuliba filed seeking to take part of the father’s estate.

Court also ordered Ssebuliba to vacate and immediately account for the revenue that has accrued from the properties during the 10 years he utilised the assets.
In his petition, Ssebuliba had asked court to declare property at Golf Course, Bwerenga, Kawalya Kaggwa and Seven Trees in Kololo, Kampala be handed over to him and his mother Beatrice.
He argued that they had equitable interest in the properties.

However, Justice Geoffrey Namundi of the Family Division of the High Court in Makindye, Kampala, ruled otherwise.
“Judgment is entered against the plaintiffs and I order them to account for everything during the time they occupied the properties. Court agrees in totality that the case was wrongly filed against Visa Investments. Jordan and the company that he represents have no interest in the property,” Justice Namundi ruled.

Justice Namundi said he was in agreement with the objections that included flouting of legal procedures such as adding a plaintiff (Beatrice Kiwanuka) and affidavits without leave of court.
He added that no one can dissect company properties and Ssebuliba had no basis to ask for anything.

After the ruling, Mr Buwule Francis, who is the company secretary for Visa Investments, said they would secure court papers to evict Ssebuliba. “He will also have to refund huge sums of money in the range of Shs10b to Shs20b,” Mr Buwule said.
Ssebuliba was represented by Counsel Patrick Kalunga and made no comment after the ruling.

Previous case of mental test

Dismissal
In September, the High Court dismissed an application by Mr Jordan Ssebuliba to have his father, Mohan Kiwanuka, undergo a compulsory mental test.
Justice Musa Ssekaana ruled that Mr Ssebuliba failed to convince court why he had requested for was necessary.
The judge argued that allowing Mr Ssebuliba’s application would not only break Uganda’s laws, but it would also stretch to international statutes that protect people presumed to have disabilities.
“Nobody should be adjudged to be an idiot. It would be defamatory to drag someone living peacefully and let them do dementia tests. It would be absurd to take a man doing his business peacefully for impairment tests,” Justice Ssekaana ruled.
Demand
Through the Administration of Estates of Persons of Unsound Mind Act, Mr Ssebuliba had sought to be appointed the manager of his father’s estate, arguing that the appointment of his stepmother, Ms Maria Kiwanuka, as director in the 33-chain of companies, showed that Mr Kiwanuka had started to behave unusually.
In Mr Ssebuliba’s supporting affidavit, he had also said his father was making mistakes by selling off some properties at low prices. But justice Ssekaana ruled that this was the discretion of the owner of the properties.

Three of Mr Kiwanuka’s other children swore affidavits opposing Mr Ssebuliba’s request to have their father undergo a forceful mental test.
Mr Kiwanuka’s chain of companies range from electronic media, real estate, household utensils manufacturing to construction. He has at least 46 prime properties, 26 of them located in Kololo, Kampala.

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