Resident Magistrate Aaron Lyamuya of the Kisutu Resident Magistrate's Court, Dar es Salaam has refused to withdraw from the case of injury allegations against Bharat Natwani (57), Sangita Bharat (54) as requested by the defense lawyers on the grounds that there is no reason given by the defense.

In addition, he has said that he has been accepting requests by people to withdraw in their cases who do not have lawyers in court because they do not understand the law, but the reason given by the veteran lawyer, Gabriel Mnyele does not support his withdrawal. 

Magistrate Lyamuya gave the small ruling yesterday, after the lawyers of the defendants Mnyele and Edward Chuwa asked him to withdraw because he had rejected their two Preliminary Objections when the case was being heard by the witnesses of the Republic. 

"These arguments were only one-sided by Lawyer Mnyele, and this issue is not new to ask a Megistrate or Judge to withdraw himself from the case. It is a normal thing, but you have to give basic legal reasons and not just feelings" said Magistrate Lyamuya.

"If the reasons show that there is injustice or any favourism or you have friends or relatives in the case, then you can opt to withdraw from the case. In Mnyele's explanation I expected that he would explain the basic reasons," said Magistrate Lyamuya.

 "If this argument had been brought by a local person who did not know the law, I would have considered the request to withdraw. But for a senior person like Mnyele, I cannot withdraw myself because there are no fundamental reasons given by him for myself to justify my withdrawal" he said. 

He continued to explain that rejecting their Preliminary Objections is not the reason why they they should ask a Magistrate to withdraw from the case without a fundamental reason as to what was done wrong.

 "I will continue with the case until the end. I will not give up because there is no basic fundamental reason given by the lawyer Mnyele. If you are not satisfied, at the end, you can appeal, but not now," he said

 After the Magistrate gave his decision, Lawyer Chuwa started talking about what Mnyele talked about and Chuwa was asked what he wants to do when he has already given his decision and he is proceeding to give the date for the next hearing. 

After the Magistrate said that, Lawyer Chuwa turned to the Magistrate and asking to him why he is speaking in anger, "Khe!! I have not spoken in any anger. All I have told you is that I am proceeding to give the date for the next hearing. Where the anger is coming from when I have already given a decision". 

"First of all, you're not even wearing a tie and you're not proper court attire and then you're talking about things that don't exist here. What will the law students learn from you? " he said 

The case has been adjourned until December 3, 2024 at 11:00 am in the morning. Witness number five.

Assistant Police Inspector (Assistant Inspector) Calvin (36) will continue to give his testimony. 

The couple, who are citizens of Tanzania of Indian origin living in Mrima Street - Kisutu, Lohana building Dar es Salaam are accused of four charges that they committed on July 21, 2023 against the law. 

It was alleged that Nathwani is accused on July 21, 2023 in the area of Mrima-Kisutu, Lohana Mahajan Building, within Ilala District, Dar es Salaam, illegally causing Grevious Harm to Kiran Lalit by immersing her head in a bucket of mixed cement and hitting and injuring Lalit Ratilal with physical assault.