Court postpones verdict on boycotted body case

Mbeya. The body of Frank Kapande, which has been boycotted by family members for 76 days, will continue to remain at the Mbeya Zonal Referral Hospital mortuary after the city’s Resident Magistrate court yesterday pushed back the ruling on the matter to September 4.

Mr Kipande died on June 4, 2018 with his family boycotting his body, questioning the circumstances of his death.

The family took the matter to the court asking the latter to order a thorough investigation into the death of their relative.

They also accused the police force of being involved in the death of their relative. They allegedly claim that Mr Kipand died in the hands of the police officers.

After submitting the request to the court on July 30, 2018, the republic’s side led by advocate Baraka Mgaya presented objections against the request saying that they were against legal foundations using two arguments.

The arguments include that the oath presented at the court showed that it was the applicants’ advocate (Moris Mwamwenda) who signed it instead of the applicant (Julius Kapange).

Another one is the failure of the oath to explain clearly where it was taken from and thus the defendants are asking the court to dismiss the applicants’ request.

Until yesterday, where the court was set to issue a verdict, the applicants failed to present answers to the court on the arguments raised by the defendants.

Mr Mgaya, a government’s advocate, questioned the seriousness of the applicant’s side, saying that after they [republic] have submitted their objections and that the applicants were supposed to answer them on time.

Instead of receiving answers, Mr Mgaya said that on August 15, they received a letter from Mr Mwamwenda asking for more time to prepare the answers for his objections and that by August 19, he should have done so, but he did not.

Mr Mwamwenda never submitted the answers and he was not even at the courthouse yesterday and Mr Mgaya claimed that he (Mwamwenda) was not reachable through his phone and they did not have any clue about his whereabouts.

“Now this shows lack of seriousness on the side of the applicants and our request is that the court give its minor verdict for we have already submitted our answers in writing on the objections,” he said.

After that explanation, the court’s Resident Magistrate Michael Mteite asked the applicant in the case, Mr Julius Kapange, who is the deceased’s uncle about the whereabouts of their advocate, but he was and responded that he did not know why he did not attend the court session.

After that the magistrate said to the applicant that on July 23, 2018 the defendants submitted at the court objections on their case and they, the applicants, were required to submit the answers for the objections at the court in writing but they didn’t do it.

“The failure to arrive at the court by [applicants’] advocate is not the mistake of the Republic but the advocate himself, so the court will not have different decision apart from that previously made,” he said.