Edwin Busuulwa on behalf of the lawyers representing sick city tycoon Mohan Musisi Kiwanuka of Radio One and Akaboozi ku Bbiri has pleaded with the justices of the Court of Appeal to overturn the decision of the newly appointed Deputy Chief Justice Dr Flavian Nzeija and stop the relatives of their clients from accessing him.
Early this month, Kiwanuka’s lawyers of Buwuule Mayiga Advocates entered into a consenting judgement with the tycoon’s relatives including her sisters Jalia Muwanga, Yudaya Nsereko Nantege, Berti Nsereko Kawooya and Sarah Nsereko agreed to the fact that the tycoon is suffering from mental illness.
They reached the agreement after the presiding judge Dr Zeija directed the lawyers to produce the tycoon before him to examine his mental illness after agreeing with the affidavits sworn by the tycoon’s medical doctors confirming that the man from Kasana Mukono district is mentally sick as evidences to support the relatives’ case.
Justice Zeija dismissed the lawyers claim that the matter before him is res-judicata explaining that Justice Musa Ssekaana of the High Court Civil Division dismissed the same case in 2019 when it was filed by the tycoon’s son Jordon Ssebuliba Kiwanuka.
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He noted that the matter before him is very different from the one determined by Justice Ssekaana who was recently promoted to the Court of Appeal which also doubles as the Constitutional Court.
However, in his affidavit, Busuulwa told the Court of Appeal that the relatives had to be stopped from accessing their client to deny them the opportunity to execute their ill-intentions in his home.
He added that denying the application will lead to his client suffering irreparable damage.
He pleaded with the justices that issuing orders stopping the execution of Justice Zeija’s orders was going to help their appeal challenging his entire decision successfully.
They added that on the other hand, denying the application was going to make their entire appeal academic.
The court directed the respondents to file their defence by 26th of March 2025; the applicants were told to file their rejoinder by 05th of April 2025 then the matter will be conferenced on 22nd of April 2025.
However, lawyers of BKA Advocates who represent the relatives told Top Secrets that the application for stay of the execution was overtaken by events noting that all Justice Zeija’s orders have been executed and their clients have accessed their relative and talked to him.
The lawyers added that all legal processes were followed to execute Justice Zeija’s orders.
They added that police were also present on the orders of the Inspector General of Police Abas Byakagaba when the orders were executed peacefully.
This website has established that the relatives have started the process of getting a court directive to guide them onto getting individuals to run tycoon’s businesses after his lawyers admitted that he is mentally sick and cannot manage his financial empire which include; Oscar Industries limited, Radio One and Akaboozi ku Biiri and his real estate businesses.
They also want Maria Kiwanuka, the second wife to the tycoon who has been running the estate of the tycoon, to produce accountability papers showing how she has been running their relatives’ multibillion empire.
