High Court clears sale of Entebbe land to fund Dr Kagimba's treatment
Justice Allan Paul Nshimye granted the application after finding that the proposed sale was in the best interests of Dr Kagimba, who was declared a person with mental illness, and that the applicants had fulfilled all the legal requirements under the Mental Health Act.
High Court clears sale of Entebbe land to fund Dr Kagimba's treatment
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The High Court in Mbarara has authorised the court-appointed personal representatives of Dr Jesse Kagimba to sell two parcels of his land in Entebbe Municipality to raise money for his specialised medical treatment and the maintenance of his estate.
Justice Allan Paul Nshimye granted the application after finding that the proposed sale was in the best interests of Dr Kagimba, who was declared a person with mental illness, and that the applicants had fulfilled all the legal requirements under the Mental Health Act.
The ruling arose from an application filed by Jonathan Kagimba and John Kamomo Mwijutsya, who were appointed as Dr Kagimba's joint personal representatives by the High Court in Miscellaneous Cause No. 013 of 2025.
When appointing them, the court barred the two from mortgaging, selling or transferring any of Dr Kagimba's property without first obtaining the court's special permission.
The applicants returned to court seeking authority to dispose of two freehold properties comprised in Freehold Register Volume WBU6523, Folio 23, Plots 51–57 measuring 0.9750 hectares and Freehold Register Volume WBU6523, Folio 24, Plots 56–58 measuring 0.4430 hectares, both located at Kisaalu in Entebbe Municipality.
They told court that they had exhausted the available resources while meeting Dr Kagimba's escalating medical bills, maintaining his home, supporting his dependants and preserving the remaining estate.
Court heard that since their appointment, the two representatives have managed Dr Kagimba's affairs, settled hospital bills and maintained his home in accordance with earlier court orders.
The evidence before court, the applicants said, medical consultations conducted in the United States and Kenya established that Dr Kagimba required specialised neurological and urological treatment estimated at US$30,135.50 (about sh109 million), excluding travel, accommodation and other maintenance costs.
They argued that the family could no longer afford the treatment due to the rising medical expenses, making the sale of part of the estate necessary to finance the life-saving procedures.
Justice Nshimye observed that under Sections 61 and 62 of the Mental Health Act, a court-appointed personal representative of a person with mental illness cannot sell, transfer, mortgage or otherwise deal with that person's property without the court's approval.
The judge said an applicant seeking such permission must demonstrate that he or she is a duly appointed personal representative, that the property belongs to the person with mental illness, that the intended transaction is for the patient's benefit and that close family members consent to the proposed sale.
"The preservation of life is important. Sometimes people suffer illnesses that are expensive to treat and require sufficient funds. It is therefore proper that property belonging to a person with mental illness may be sold under a court-sanctioned order for the treatment of the patient," Justice Nshimye ruled.
The judge found that Jonathan Kagimba and Kamomo John Mwijutsya had satisfied all those legal requirements.
Justice Nshimye also observed that the intended sale had the support of Dr Kagimba's relatives, including Margaret Kagimba, David Kagimba, Diana Kagimba and Martha Kagimba.
The court heard that David Kagimba and Diana Kagimba also appeared before court via Zoom on June 22, 2026, to personally confirm their consent to the proposed sale.
The judge further held that Section 37 of the Judicature Act empowers the High Court to grant remedies that serve the interests of justice.
Consequently, the court authorised the joint personal representatives to sell, transfer or otherwise deal with the two parcels of land.
However, Justice Nshimye directed that before disposing of the property, the applicants must first obtain an independent valuation report to establish the fair market value of the land.
He further ordered them to file an inventory before court after the sale, detailing how the proceeds had been utilised and how the funds invested in the proposed mutual fund would be managed.
The judge, however, directed that the applicants bear the costs of the application.