The bitter dispute over the estate of businessman Hajj Mohammed Bagalaaliwo could be heading towards an out-of-court settlement, but his eldest son, Bashir Balozi Mohammed Bagalaaliwo, has laid down six conditions that he says must be met before he can consider reconciliation.
The demands include identifying the person who allegedly forged his signature and that of his father, producing a comprehensive inventory of Hajj Bagalaaliwo’s estate, accounting for his medical expenditure, restoring assets allegedly transferred or mismanaged, respecting his father’s wishes on distribution of the estate and reviewing the existing arrangements for managing the family property.
The conditions emerge as Muslim elders and members of the wider Bagalaaliwo family seek to prevent the increasingly bitter dispute from developing into a prolonged legal and criminal battle.
The proposed reconciliation effort has also received attention from Stanbic Bank Uganda, following a complaint by Bashir concerning alleged forgery and fraud.
In a letter addressed to his sister Adilan Naseem Nalulyo Bagalaaliwo, Bashir says he was invited to a meeting with Stanbic’s Compliance and Forensic Services Department at the request of the bank’s chief executive officer.
According to the letter, the meeting considered the complaint and agreed to allow room for family reconciliation before the matter was fully escalated to the Criminal Investigations Department of the Uganda Police Force.
Bashir, however, made clear that reconciliation would require what he described as good faith and concrete action from his sister and the other family members involved.
“Bringing forward the key culprit who forged dad’s and my signatures,” is listed as the first condition in his letter.
He describes this as a precondition for mediation. The demand comes against the background of a police inquiry into disputed signatures appearing on documents connected to Bagalaaliwo Foundation Ltd.
Bashir has told investigators that he did not authorise anyone to sign documents on his behalf and has questioned the appearance of his father’s signature on documents allegedly executed when Hajj Bagalaaliwo was incapacitated. The police investigation reportedly included forensic examination of the disputed signatures.
A handwriting expert, Erisa Ssebuwuufu, is said to have examined the signatures and reached a finding that they were forged. However, the identity of the person responsible and the circumstances surrounding the preparation and use of the documents remain matters for investigators to establish.
Bashir’s first condition therefore seeks to make the alleged forgery issue central to any family mediation.
Full Estate Inventory
His second demand is for a complete inventory of Hajj Bagalaaliwo’s estate before the businessman became incapacitated and went into a coma.
Bashir wants the inventory to be compared with records held by the trustees.
This demand could potentially open a much broader examination of the family’s assets, including properties, companies, bank accounts and other interests accumulated during Hajj Bagalaaliwo’s lifetime.
The question of what constituted the estate before the businessman became incapacitated is important because the family is divided over the status of several properties and transactions.
Bashir argues that a reconciliation process cannot be meaningful without first establishing what belonged to the estate.
His proposed verification process would therefore require the family to put their respective records on the table and reconcile them with the trustees’ information.
Account For Medical Expenses
The third condition requires production of an up-to-date statement showing Hajj Bagalaaliwo’s medical records and expenses.
The demand reflects the wider dispute over the management of the businessman and his affairs during his period of illness.
Bashir wants the family’s reconciliation process to include an accounting of the money spent on his father’s medical treatment and related expenses.
The demand effectively seeks financial transparency over the period in which Hajj Bagalaaliwo was unable to manage his own affairs.
Return Of Disputed Assets
The fourth condition is potentially one of the most contentious. Bashir demands the restoration of assets he alleges were fraudulently transferred or mismanaged.
He does not treat the issue simply as a disagreement over inheritance. Instead, his position is that assets allegedly removed from the estate should be restored as part of any settlement.
This would require the family to identify the properties and other assets in dispute, establish how they were transferred or managed and determine whether the transactions should be reversed.
The demand could therefore require examination of title documents, company records, bank transactions and other documentation relating to the estate.
Bashir’s position is that reconciliation should not merely end the fighting between family members while leaving disputed assets in their current state.
Respect Father’s Wishes
The fifth condition is that the family respect Hajj Bagalaaliwo’s wishes concerning the distribution of his estate.
Bashir specifically refers to communal and extended-family assets among the property that should be considered.
This introduces another potentially sensitive issue into the negotiations: determining what Hajj Bagalaaliwo intended to happen to his property and which assets were meant for individual family members, the wider family or communal purposes.
The family may therefore have to examine documents, instructions and other evidence concerning the businessman’s wishes.
The question of whether particular properties were gifted during his lifetime is already part of the wider dispute, with different family members reportedly relying on documents to support competing claims.
Shared Management Of Estate
Bashir’s sixth condition concerns the future management of the estate. He calls for a review of the current management orders held by his mother, Hajjat Sarah Nanziri Bagalaaliwo, with the objective of ensuring that the estate is managed equally and fairly by both sides of the family.
This could prove particularly difficult because control of the estate has become one of the main sources of tension between the family members.
Bashir’s proposal would effectively require the parties to agree on a new management arrangement rather than leaving control concentrated in one side of the family.
The letter does not spell out the precise structure of the proposed joint management, leaving that as one of the issues that would have to be negotiated if mediation proceeds.
Stanbic Opens Door For Reconciliation
According to Bashir’s letter, his complaint to Stanbic Bank prompted a meeting with the bank’s Compliance and Forensic Services Department.
The letter says the bank’s position was to allow meaningful family reconciliation before the matter was fully taken up by CID.
Bashir nevertheless warned that failure to resolve the allegations could have consequences within the banking environment.
He told Adilan that once the matter was escalated to the police, the bank would have to treat what he described as confirmed forgeries seriously, potentially resulting in disciplinary action.
The letter therefore presents reconciliation as an opportunity to resolve the dispute before it develops into further legal and professional consequences.
IGP Refuses To Stop Police Inquiry
The proposed family settlement comes against the backdrop of the decision by Inspector General of Police Abbas Byakagaba not to halt the CID investigation.
Sources familiar with the matter say Hajjat Sarah sought an audience with Byakagaba as pressure from investigators increased.
The IGP reportedly declined to personally interfere with the investigation and directed complaints concerning the inquiry to the established police structures.
The case was subsequently handled through the relevant criminal investigations structures in Kampala.
Hajjat Sarah and her daughters — Adilan, Faridah Marvel, Sharifah Babirye and Naseeba Nakato — have reportedly been summoned by CID over the disputed documents.
The police position, according to sources, is that the existence of civil proceedings over the estate does not automatically prevent investigators from examining allegations of criminal conduct.
Sarah Declines Comment
When contacted by The Investigator about the allegations, the meeting with the IGP and the ongoing investigation, Hajjat Sarah declined to comment.
“I don’t talk to the press. Do your investigations and you will find the truth,” she said.
Her position leaves the allegations to be tested through the ongoing investigations and any court proceedings that may follow.
Can The Family Find Common Ground?
The new development places the Bagalaaliwo family at a possible crossroads.
On one side is the criminal investigation into the disputed signatures and documents. On the other is an emerging effort by Muslim elders, relatives and other stakeholders to find a negotiated solution and preserve family unity.
But Bashir’s letter makes clear that reconciliation, in his view, cannot simply mean withdrawing complaints or ending court battles.
Whether the other members of the family accept those conditions remains to be seen.
For now, the dispute remains on two tracks — the criminal investigation over the disputed signatures and the civil battle over the estate — while elders and other stakeholders attempt to bring the family back to the negotiating table.
The success of any out-of-court settlement may ultimately depend on whether the parties can agree on the six issues raised by Bashir and establish a transparent mechanism for verifying the estate, resolving disputed transactions and managing the family’s assets going forward.
Author Profile
- Charles Gazza Kodili is a seasoned journalist with over 20 years of experience in the media industry. He holds a Bachelor of Arts degree in Mass Communication. He’s currently the Chief Editor at the Investigator.
Charles can also be reached via; Tel: +256 774 108978
Email: [email protected]
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