High Court affirms that in an application to manage the estate of a person with mental illness, a spouse is considered a qualified relative to be appointed as a personal representative of the estate

Introduction

To manage the estate of a person of unsound mind in Uganda, an applicant must petition the High Court and satisfy two core requirements: first, that the subject is indeed a person with mental illness who is unable to manage their own affairs; and second, that the applicant is a suitable person to be appointed as a personal representative. The process is grounded in the provisions of the Mental Health Act, Cap 308, which governs the legal recognition and protection of persons with mental illness in Uganda.

Under Section 2 of the Act, a “person with mental illness” is defined as someone who is proven by a mental health practitioner to have a mental illness at a particular time, and includes patients under care. The term “mental health practitioner” is also defined under the same section to include psychiatrists, registered psychiatric nurses, psychiatric clinical officers, mental health social workers, and clinical psychologists.

A psychiatric determination is not merely procedural—it is foundational. Section 55(1) mandates that a formal mental health assessment must be conducted where the mental status of a person is in issue before a court or for other official purposes.

Significantly, Section 55(2) limits the authority to make such determinations to a psychiatrist or, where none is available, a senior mental health practitioner. The courts have emphasized that any application lacking such formal psychiatric evidence—such as one relying only on a general medical form—is inadequate and procedurally defective.

This was reaffirmed in In the Matter of an Application to Manage the Estate of Abuo Teresa (Miscellaneous Cause No. 4 of 2023) [2023] UGHCFD 25, where the Court stressed that mental illness must be proven by competent psychiatric evidence before the Court can deprive a person of the right to manage their own affairs.

More recently, in In the Matter of an Application by Kyasimire Edith to Be Appointed as the Personal Representative of Kivuna Johnson (Miscellaneous Cause No. 7 of 2025) [2025] UGHC 574, the High Court affirmed that a spouse is a qualified relative under Section 61(1) of the Act, and may be appointed as a personal representative of a person judicially declared to have mental illness. This is especially pertinent in situations where no prior arrangements—such as a power of attorney—have been made.

Ugandan law does not presume legal incapacity merely from a diagnosis of mental illness. Instead, the Mental Health Act adopts a rights-based framework: legal capacity is retained until a court, based on reliable psychiatric evidence, declares otherwise. This ensures that the rights of persons with mental illness are preserved, and that any limitation on their autonomy is carefully justified and regulated.

Facts of the Case

The applicant, Kyasimire Edith, filed an application in the High Court (Family Division) seeking to be appointed as the personal representative of her husband, Kivuna Johnson, a former UPDF corporal who suffered severe head injuries in a 2018 motor accident.

Following the accident, Kivuna developed serious mental health complications including cognitive impairment, memory loss, behavioral changes, seizures, and physical disability, which rendered him incapable of managing his personal and financial affairs.

A psychiatric evaluation conducted by Lt. Dr. Lucas Goodgame Anyayo confirmed a significant decline in Kivuna’s mental and functional capacity. Relying on this assessment and the relevant provisions of the Mental Health Act, Kyasimire applied to have him declared a person with mental illness and to be appointed as his legal representative for purposes of managing his estate.

Issues

1. Whether CPL Kivuna Johnson is a person with mental illness within the meaning of the Mental Health Act, Cap 308.

2. Whether CPL Kivuna Johnson is incapable of managing his personal and financial affairs.

3. Whether Kyasimire Edith qualifies to be appointed as a suitable personal representative under Section 61 of the Mental Health Act.

Holding

1. Whether CPL Kivuna Johnson is a person with mental illness within the meaning of the Mental Health Act, Cap 308

The Court held in the affirmative. Relying on the psychiatric evaluation by Lt. Dr. Lucas Goodgame Anyayo, a qualified mental health practitioner, the Court found that CPL Kivuna Johnson exhibited symptoms of post-traumatic brain injury, including impaired cognition, behavioral changes, memory loss, and seizures. These findings satisfied the definition of “mental illness” under Section 2 of the Mental Health Act, which requires expert confirmation of a mental condition by a psychiatrist or senior mental health practitioner.

2. Whether CPL Kivuna Johnson is incapable of managing his personal and financial affairs

The Court answered this in the affirmative. The medical report demonstrated that due to his mental condition and related physical impairments, CPL Kivuna Johnson was unable to make rational decisions concerning his property and financial responsibilities. The Court emphasized that legal incapacity to manage affairs must be established by clear evidence, in line with Section 59(2)–(3) of the Mental Health Act. The psychiatric evidence, which was unchallenged, was deemed sufficient to meet this threshold.

3. Whether Kyasimire Edith qualifies to be appointed as a suitable personal representative under Section 61 of the Mental Health Act

The Court found that Kyasimire Edith, as the legally recognized spouse of CPL Kivuna Johnson and the mother of his children, qualified as a “relative” under Section 2 of the Act and was therefore eligible to be appointed under Section 61(1). She demonstrated a legitimate interest in his welfare and estate, had support from other family members, and presented no evidence of conflict or mismanagement. The Court concluded she was a fit and proper person to be appointed as the personal representative, subject to periodic psychiatric reviews of CPL Kivuna Johnson and information-sharing obligations to maintain family transparency.

Key Takeaways

1. The Court affirmed that it can only declare a person mentally ill based on medical evidence from a qualified mental health practitioner, specifically a psychiatrist or senior mental health practitioner, in accordance with Section 54 of the Mental Health Act.

2. In this case, a detailed psychiatric assessment by Lt. Dr. Lucas Goodgame Anyayo confirmed that CPL Kivuna Johnson suffered severe cognitive and functional impairments following a head injury, fulfilling the statutory definition under Section 2 of the Mental Health Act.

3. Not All Persons with Mental Illness Lose the Right to Manage Their Affairs Automatically

   • Under Section 59(2), persons with mental illness retain the right to manage their affairs unless a competent court or the Uganda Mental Health Advisory Board determines otherwise under Section 59(3).

   • The Court, relying on uncontroverted medical evidence, found CPL Kivuna Johnson unable to manage his affairs, citing the standard established in Jordan Ssebuliba Kiwanuka v. Mohan Musisi Kiwanuka.

4. Court Can Appoint a Suitable Relative as Personal Representative

   • Where a person with mental illness has not appointed a representative, Section 61(1) empowers the court to appoint a suitable relative to act on their behalf.

   • The applicant, Kyasimire Edith, a customarily married spouse of the patient and mother to his two children, was found to be a qualified and proper person to manage the estate under the statutory definition of "relative" in Section 2 of the Act.

   • The appointment was supported by affidavits and written consent from other family members.

5. Court Imposes Ongoing Obligations on the Appointed Representative

   • To safeguard the patient's health and estate, the Court ordered that CPL Kivuna Johnson be examined by a psychiatrist every six months.

   • The appointed representative is required to share health reports with adult children or their guardians to promote transparency and family harmony.

   
   

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In the matter of an application by Kyasimire Edith to be appointed as the personal represe.

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