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Aids case mediation fails, hearing resumes
2007-05-02 09:55:16
By By Rosemary Mirondo
Mediation of a controversial HIV/Aids Civil case in which a Dar es Salaam resident claims compensation from Aga Khan Hospital for wrongfully testing him HIV positive, has aborted.
Pursuant to the failure of the mediation the case will now be heard by the trial court under the ordinary substantive and procedural requirements of the law.
According to AdvocateTwahaTaslima who represents Kafungo, the hearing of the case begins on May 9, this year at Kisutu Resident Magistrate`s Court.
In the present case which was earlier filed in the same court and passed through several hands of different magistrates before the parties agreed to go for mediation, Kafungo asks the court to be pleased to order the defendant to pay him a cool 50m/- as compensation for the losses he suffered.
On the verge of forging matrimonial vows, both Kafungo and his would be wife underwent HIV testing at the Aga Khan Hospital in the City. He tested HIV positive, unlike his partner who was found not infected.
Before the would be spouses underwent testing they had agreed not to marry in the event of either of them proved HIV positive.
However, disgruntled by the results, Kafungo consulted Muhimbili National Hospital and Angaza, where he took some tests from each, only to be told and certified that he was not infected with the virus.
But already, his matrimonial preparations had hit a snag following the test results conducted at Aga Khan Hospital, hence the compensation. The case will be tried by Resident Magistrate Adolf Mahay.
The respondent Aga Khan Hospital is defended by Advocate Walter Chipeta of Chipeta Company Advocates.
Meanwhile, a Sinza resident Edgar Mkokota (25) was charged in the same court with unlawful possession of goods suspected to have been stolen.
The accused was arraigned before Resident Magistrate Musa Msuya.
It was alleged that on January 7, this year at Tandale, the accused was found in possession of various articles of women clothing and other properties suspected to have been unlawfully acquired.
The accused pleaded not guilty and the case comes up for mention on May 11, this year.
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