In Re Ocoun Patrick (Patient) (Misc. Cause No. 75 of 2018)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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.

Holding

Held that Ocoun Patrick was a person of unsound mind, having been adjudged so by a magistrate under the Mental Treatment Act and supported by medical evidence of Post Traumatic Stress Disorder. Held further that the applicant Nakate Margaret, his biological mother, qualified for appointment as manager of his estate, having demonstrated willingness and ability to care for him and his children. Application granted.

Outcome

Applicant appointed manager of patient's estate subject to conditions including non-cash bond, restrictions on dealing with immovable property, and obligation to file inventory within three months.

Facts

Ocoun Patrick, born 14 May 1978, was adjudged a person of unsound mind by a magistrate on 28 November 2017. He had been an out-patient at Butabika Hospital since 7 June 2017 diagnosed with Post Traumatic Stress Disorder, first detected in 2010. He resigned as Assistant Cashier at Nkumba University in January 2012. His estate comprises land at Seguku measuring approximately 90 x 70 feet and NSSF savings estimated at UGX 40,000,000. He resides with his three children at Kitende under the care of his biological mother Nakate Margaret. The applicant sought appointment as manager to access his NSSF savings for his care and that of his three children, whose school fees she had been paying since 2012.

Issues

1. Whether the patient was a person of unsound mind.
2. Whether the applicant qualified to be appointed manager of the patient's estate.

Orders

• The applicant Nakate Margaret is appointed manager of Mr. Ocoun Patrick (a person of unsound mind)'s estate.
• The applicant/manager shall execute a non-cash bond of Uganda shillings 5,000,000 (five million) for the due administration of Mr. Ocoun Patrick's estate. This bond will be without sureties.
• The applicant/manager shall not without special, express permission of this court, mortgage, charge, or transfer by sale, gift, surrender, exchange or otherwise, any immovable property of which the estate may consist, or lease any such property for a term exceeding 5 years.
• The applicant/manager shall file in this court within three (3) months from today an inventory of the property belonging to Mr. Ocoun Patrick and of all such sums of money, goods, and effects as she will receive on account of the estate together with a statement of all the debts due from and credits due to Mr. Ocoun Patrick.
• The manager herein appointed shall serve gratuitously.
• Costs of this application are not to be charged to the estate of Mr. Ocoun Patrick.

Rules and key headnotes

Legislation cited (6)

• Administration of Estates of Persons of Unsound Mind Act Cap 155 s.1
• Administration of Estates of Persons of Unsound Mind Act Cap 155 s.2
• Administration of Estates of Persons of Unsound mind (Procedure) Rules S.155-1 r.3
• Mental Treatment Act Cap 279 s.4
• Magistrate's Courts Act s.113
• Magistrate's Courts Act s.117

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