Wakilii

Babirye Annet (Applicant) – In the Matter of the Estate of Kironde Mark Park (A Person of Unsound Mind) (Miscellaneous Cause No. 2 of 2025)

High Court · [2025] UGHC 460 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex parte application for appointment of manager of estate of person alleged to be of unsound mind
Decision
Applicant appointed as personal representative and manager of the estate of Kironde Mark Park

Observed later treatment

Cited — treatment unverified cited in 2 (treatment unverified) Sequitur — Uganda’s citator · Derived from citing cases in the Wakilii corpus — not an assertion that this case is good law.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

No adverse treatment recorded Cited 2 times with no adverse treatment recorded; not yet tested on the merits. Derived from citing cases in the Wakilii corpus — a deterministic signal, not legal advice.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The High Court declared Kironde Mark Park a person with mental illness incapable of managing his affairs under the Mental Health Act Cap 308, based on psychiatric evidence of severe neurocognitive impairment. The court appointed his long-term cohabiting partner, Babirye Annet, as personal representative to manage his estate, applying a broad interpretation of 'spouse' to include cohabitation relationships recognized by family, notwithstanding the repeal of the Administration of Estates of Persons of Unsound Mind Act.

Outcome

Applicant appointed as personal representative and manager of the estate of Kironde Mark Park

Facts

Babirye Annet applied ex parte for appointment as manager of the estate of Kironde Mark Park, her cohabiting partner of over 15 years with whom she has three minor children. Kironde had been mentally ill since 2019 and received treatment at several hospitals including Butabika Hospital. He is a government teacher at Bugula Primary School. At the hearing on 22 April 2025, the court observed Kironde and heard from his sister and paternal uncle, who confirmed the applicant was his customary wife with family consent to make the application. The court ordered medical proof. A supplementary affidavit filed 16 June 2025 included a psychiatric report dated 29 May 2025 from Dr. Leticia Kyohangirwe, consultant psychiatrist at Butabika Hospital, diagnosing Kironde with severe neurocognitive impairment (dementia) with an MMSE score of 9/30. Family meeting minutes showed unanimous family appointment of the applicant to administer his estate.

Issues

  1. Whether Kironde Mark Park is a person of unsound mind.
  2. Whether the Applicant should be appointed as manager of the estate of Kironde Mark Park.

Orders

  • Kironde Mark Park is declared a person with mental illness incapable of managing his affairs under the Mental Health Act, Cap 308.
  • The Applicant, Babirye Annet, is hereby appointed as the personal representative and manager of the estate of Kironde Mark Park to administer his estate, including his salary as a government teacher, in the best interest of Kironde and his dependants.
  • The Applicant shall file an account of how she has managed the estate within six months from the date of this ruling.
  • As this is an ex-parte application, the Applicant shall bear her own costs.

Rules and key headnotes

Mental Health — Determination of Mental Illness — Qualified Medical Evidence Required
A determination of mental illness for purposes of court proceedings must be carried out by a psychiatrist or, where a psychiatrist is not available, by a senior mental health practitioner, as required by section 55(1) and (2) of the Mental Health Act Cap 308.
Repealed Legislation — Effect on Pending Applications — Jurisdiction Preserved
Citing an incorrect or repealed law does not invalidate an application if the court has jurisdiction to grant the relief sought; the court will apply the correct current law and disregard references to repealed legislation.
Definition of Spouse — Cohabitation — Constructive Marriage
The term 'spouse' under the Mental Health Act Cap 308 should be interpreted broadly to include persons who have cohabited for a long period, have children together, and are recognized by the family as spouses, following the principle applied in interpreting section 38A of the Land Act to avoid absurdities and recognize constructive marriages.
Mental Health — Appointment of Personal Representative — Prerequisites
A judicial determination of mental illness and incapacity to manage affairs, supported by proper medical evidence, is a prerequisite for an order appointing a personal representative to manage a person's estate under the Mental Health Act Cap 308.
Mental Health — Appointment of Personal Representative — Suitability Criteria
In appointing a personal representative to manage the estate of a person with mental illness, the court considers the applicant's relationship to the person, responsibility for their care and that of dependants, family recognition and consent, credibility, and demonstrated knowledge of the person's affairs.

Legislation cited (10)

Cases cited (4)

Cases citing this judgment (2)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Babirye Annet (Applicant) – In the Matter of the Estate of Kironde Mark Park (A Person of Unsound Mind) (Miscellaneous Cause No. 2 of 2025) [2025] UGHC 460 (30 June 2025)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.