Wakilii

In the matter of an application by Bukirwa Rehemah (Miscellaneous Cause 8 of 2025)

High Court · [2026] UGHC 373 · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex-parte application for appointment of estate manager under Mental Health Act
Decision
Applicant appointed as manager of the estate of Namagga Mary, a person with mental illness

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted the application appointing Bukirwa Rehemah as manager of her mother Namagga Mary's estate. The court held that psychiatric evidence established Namagga Mary suffered from schizophrenia rendering her incapable of managing her affairs, and that the applicant, as her biological daughter and primary caregiver, was a fit and proper person to manage the estate in the patient's best interests under the Mental Health Act.

Outcome

Applicant appointed as manager of the estate of Namagga Mary, a person with mental illness

Facts

Bukirwa Rehemah applied ex-parte to be appointed manager of the estate of her mother, Namagga Mary, alleged to be of unsound mind. Namagga Mary is a 50-year-old retired teacher who worked at Kakoma Primary School in Mpigi as an Education Assistant Grade 1. She developed mental illness around 2012 and has been on medication since. A psychiatric report dated 20 February 2026 by Dr. Claire Kwagala diagnosed her with schizophrenia, a condition she has suffered from for 30 years. The illness causes auditory hallucinations, delusions, loss of interest, incoherent speech, and poor concentration. Namagga Mary cannot concentrate on tasks, barely recognizes herself or those around her, cannot feed herself or maintain personal hygiene, and has lost the ability to read, write, or express her wishes. She is entirely dependent on the applicant for all basic needs. The applicant has been her primary caregiver and has ensured her physical well-being despite financial difficulties in accessing timely treatment.

Issues

  1. Whether Namagga Mary is a person with mental illness and unable to manage her own affairs?
  2. Whether the Applicant is a fit and proper person to be appointed as personal representative and manager of the estate?

Orders

  • Namagga Mary is declared a person with mental illness incapable of managing her affairs under the Mental Health Act Cap 308.
  • The Applicant, Bukirwa Rehemah, is hereby appointed as the personal representative and manager of the estate of Namagga Mary to administer her estate including her salary and pension as a government teacher, in the best interest of Namagga Mary and any of her dependants.
  • The Applicant shall file an account of how she 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 Act — Appointment of Estate Manager — Standard of Proof
A court can only declare a person to be one with mental illness based on medically accepted evidence, and the determination of mental health status must be carried out by a psychiatrist or, where a psychiatrist is not available, by a senior mental health practitioner as required by Section 54 of the Mental Health Act Cap 308.
Mental Health Act — Capacity to Manage Affairs — Test
The test for determining whether a person is unable to manage their affairs is whether the person's mental incapacity is so marked and of such nature that they are not able to manage themselves or their affairs, having regard to their position, what management is needed in the particular case, and whether relatives are bestowing such care and management as required.
Mental Health Act — Appointment of Manager — Two-Stage Test
For an application to manage the estate of a person with mental illness to succeed, two core requirements must be satisfied: first, that the subject is unable to manage their own affairs; and second, that the applicant is a suitable person to be appointed as personal representative. The applicant must prove both requirements on a balance of probabilities.
Mental Health Act — Suitability of Manager — Criteria
To be found a suitable manager of an estate under the Mental Health Act, the applicant must be capable of preventing potential abuse, neglect and exploitation of the person with mental illness, capable of taking control over the person's real and personal estate and personal welfare, able to make decisions in the best interests of the person and their dependants, be an adult of sound mind, and have no interests adverse to those of the person whose estate they propose to manage.
Mental Health — Deprivation of Right to Manage Affairs — Safeguards
Mental illness must be proven by competent psychiatric evidence before a court can deprive a person of the right to manage their own affairs, as such deprivation engages fundamental rights and requires clear justification based on medical evidence and the person's best interests.

Legislation cited (12)

Cases cited (4)

  • Jordan Ssebuliba Kiwanuka v Mohan Musisi Kiwanuka (Civil Appeal No. 61 of 2020)
  • In the Matter of Dr. Jesse Kagimba (Miscellaneous Cause No. 13 of 2025)
  • Re Cathcart [1892] 1 Ch 466
  • In the Matter of Abuo Teresa (Miscellaneous Cause No. 4 of 2023)

Full judgment

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In the matter of an application by Bukirwa Rehemah (Miscellaneous Cause 8 of 2025) [2026] UGHC 373 (25 March 2026)
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.