Wakilii

In the matter of Dr. Jesse Kagimba (Miscellaneous Application 297 of 2026)

High Court · [2026] UGHC 789 · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by court-appointed personal representatives for special permission to dispose of property of a person with mental illness
Decision
Application granted with conditions requiring valuation and accounting for proceeds

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that court-appointed personal representatives of a person with mental illness may obtain special permission to sell property where they prove: (1) appointment as personal representatives, (2) ownership of the property by the person with mental illness, (3) the purpose benefits the person with mental illness, and (4) consent from relatives. Application granted where sale proceeds were necessary for lifesaving medical treatment and maintenance of the patient.

Outcome

Application granted with conditions requiring valuation and accounting for proceeds

Facts

Jonathan Kagimba and Kamomo John Mwijutsya were appointed by the High Court as joint personal representatives of Dr. Jesse Kagimba, a person with mental illness, in HCT-05-CV-MC-013-2025. The Court prohibited them from mortgaging, transferring or selling any property without special permission. Dr. Kagimba required neurological and urological treatment in the United States and Kenya, estimated at USD 30,135.50 excluding travel and maintenance. The personal representatives had managed his affairs and paid medical bills but became financially constrained due to escalating costs. They sought permission to sell two registered plots of land at Kisaalu, Entebbe Municipality (totalling 1.418 hectares) to fund the lifesaving medical procedures and future care. Consent was obtained from relatives Margaret, David, Diana and Martha Kagimba, with David and Diana confirming consent before the Court via Zoom.

Issues

  1. Whether the applicants satisfied the statutory conditions under s.62(2) of the Mental Health Act Cap 308 for special permission to dispose of property of a person with mental illness.

Orders

  • Application by Jonathan Kagimba and Kamomo John Mwijutsya granted.
  • Joint personal representatives granted special permission to sell, deal with and/or transfer land comprised in Freehold Register Volume WBU6523, Folio 23, Plot 51-57 land at Entebbe, Kisalu, measuring 0.9750 hectares registered in the name of Kagimba Jesse.
  • Joint personal representatives granted special permission to sell, deal with and/or transfer land comprised in Freehold Register Volume WBU6523, Folio 24, Plot 56-58 land at Entebbe, Kisaalu, measuring 0.4430 hectares registered in the name of Kagimba Jesse.
  • Joint personal representatives shall obtain a valuation report before dealing with the said land to guide on fair market value.
  • Joint personal representatives shall file an inventory in Court detailing proceeds use and investment in an interest earning mutual fund after the sale.
  • Costs of this application to be met by the applicants.

Rules and key headnotes

Mental Health Act — Personal Representatives — Powers and Restrictions
A personal representative of a person with mental illness appointed under s.61(1) of the Mental Health Act Cap 308 can only sell, mortgage, transfer, gift, exchange or deal with property of the person with mental illness after obtaining special permission under s.62(2) from a court vested with jurisdiction.
Mental Health Act — Special Permission — Test for Grant
Applicants seeking special permission to deal with property of a person with mental illness under s.62(2) of the Mental Health Act Cap 308 must prove: (1) appointment as personal representatives of a person with mental illness, (2) ownership of the property by the person with mental illness, (3) the purpose of the application benefits the person with mental illness, and (4) consent from relatives of the person with mental illness.
Mental Health Act — Sale of Property — Medical Treatment
Preservation of life is a sufficient basis for selling property of a person with mental illness under a court-sanctioned order where the person suffers from an expensive illness requiring treatment and the personal representatives are financially constrained.
Sale of Land — Proof of Ownership — Mental Health Applications
In applications by court-appointed personal representatives of a person with mental illness seeking authorization to sell land, it is important that applicants attach a search certificate for registered land or a Local Council letter for unregistered land or other confirmation proving ownership of the land they seek to sell.

Legislation cited (6)

Full judgment

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In the matter of Dr. Jesse Kagimba (Miscellaneous Application 297 of 2026) [2026] UGHC 789 (14 July 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.