Lumeheja Buswelu(App)
Vs
Republic(Res)
On 23rd July, 2006, at around 8:00 p.m. Wilson Chuma (PW1) was at
Isolo Village trading centre. He was with his wife, and both were being
escorted by Leah Daud (PW2) the wife of Daud Reuben (PW3). Along the
.
road, they saw people riding a bicycle going in the opposite direction. The
two cyclists allegedly yelled at them telling them to get out of their way.
Suddenly, the passenger on the bicycle pushed PWl Wilson, who fell onto
the ground. Then the said passenger got off the bicycle and assaulted
PW1Wilson to the extent of fracturing his left leg. The cyclist also joined
his colleague in assaulting PW1 Wilson. While the assault was going on
PW2Leah raised an alarm. The alarm attracted a number of people who
included PW3 Daud who allegedly found PWl Wilson lying on the ground
while the appellant was on top of him. The appellant was arrested there
and then.