Wakilii

IN RE Songolo Difasi Mugabo (Miscellaneous Cause No. 19 of 2019)

High Court · [2019] UGHC 5 · 2019 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application under Administration of Estates of Persons of Unsound Mind Act for appointment of a manager
Decision
Manager appointed to manage patient's estate and bank account

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Court granted the application and appointed Kyozira Miria Lynn as manager of Songolo Difasi Mugabo's estate, specifically authorising her to operate his bank account. The court found the patient, an 89-year-old man suffering from schizophrenia, dementia, stroke and hypertension, to be of unsound mind and incapable of managing his affairs. The court held that although the strict procedure under the Mental Treatment Act was not followed, it retained discretion to make such determination where an appropriate inquiry was conducted involving a qualified medical practitioner and personal observation of the patient.

Outcome

Manager appointed to manage patient's estate and bank account

Facts

Kyozira Miria Lynn applied to be appointed manager of her father Songolo Difasi Mugabo's estate, specifically his bank account at Stanbic Bank Jinja. The patient, aged 89 years, suffers from schizophrenia, dementia, stroke and hypertension. He had been ill for ten years and deteriorated three years prior to the application. He resides at his home in Namaziba Village, Kakira Town Council, Jinja, under the care of the applicant and her sisters. The patient is unable to communicate, has no motor ability, is partly paralysed, requires assistance with all daily activities including feeding and bathing, and receives weekly visits from his doctor. Dr. Ssenyonjo Godfrey, a medical practitioner from Jinja Referral Hospital, provided medical evidence confirming the patient's diagnosis and stating that he is not capable of managing his own affairs. The patient had previously executed a power of attorney on 8 February 2019 empowering the applicant to operate his bank account. The applicant sought appointment as manager to access funds for the patient's upkeep and medical treatment.

Issues

  1. Whether Songolo Difasi Mugabo is a person of unsound mind within the meaning of the Administration of Estates of Persons of Unsound Mind Act.
  2. Whether the applicant is a suitable person to be appointed as manager of the patient's estate.
  3. What procedure should be followed in determining whether a person is of unsound mind for purposes of appointing a manager.

Orders

  • Application allowed.
  • Ms. Kyozira Miria Lynn is appointed a manager in charge of Mr. Songolo Difasi Mugabo's affairs.
  • The applicant is fully authorised to operate the patient's Bank Account No. 0121034488 at Stanbic Bank Jinja.
  • Such powers include the power to withdraw and deposit monies on the account and any other thing incidental to its operation.
  • The applicant shall meet the costs of this application.

Rules and key headnotes

Administration of Estates of Persons of Unsound Mind — Procedure for Appointment of Manager — Inquiry Requirements
Where the court appoints a manager under the Administration of Estates of Persons of Unsound Mind Act, it retains discretion to determine that a person is of unsound mind even where the strict procedure under the Mental Treatment Act has not been followed to the letter, provided an appropriate inquiry is conducted involving a qualified medical practitioner who can professionally and conclusively determine the mental health of the patient, and the judge has personally observed the patient.
Administration of Estates of Persons of Unsound Mind — Definition — Test for Unsoundness of Mind
A person of unsound mind is one who is afflicted by a total or partial defect of reason or the perturbation thereof, to such a degree that he or she is incapable of managing himself or herself or his or her affairs. The practical test is whether the person is capable of managing their affairs to the standard required of a reasonable person.
Administration of Estates of Persons of Unsound Mind — Inquiry — Importance and Safeguards
A proper investigation and inquiry is essential before a person is adjudged to be of unsound mind. No person should be so determined without professional expert advice, as this would be a serious affront to their personal integrity and would expose them to fraudulent people who may wish to take over their property. The judge should conduct a careful preliminary inquiry and satisfy himself that there is real ground for supposing there is something abnormal in the person's mental condition.
Administration of Estates of Persons of Unsound Mind — Suitability of Manager — Relative as Manager
In determining suitability of an applicant to be appointed manager of a person of unsound mind's estate, the court may consider the applicant's relationship to the patient, their history of caring for the patient, and the patient's previous expressions of trust in the applicant, including prior powers of attorney granted when the patient had capacity.

Legislation cited (8)

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

Cases cited (4)

  • Aseru Joyce Ajju and Anjoyo Agnes (a patient) (Miscellaneous Application No. 1 of 2016)
  • Moohammad Yaqub Vs. Nazil Ahmad & Others (1920) 58 Indian cases 617
  • Ranjit Kumar Ghose Vs. Secretary, Indian Psychoanalytical Society AIR 1963 Calcutta 261
  • Whysall Vs. Whysall (1960) 52

Full judgment

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

IN RE Songolo Difasi Mugabo (Miscellaneous Cause No. 19 of 2019) [2019] UGHC 5 (10 July 2019)
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.