79. We are thus persuaded that the plaintiffs, by alleging facts
from which can be inferred, at least prima facie, a remote
possibility that
the
Defendants may
have
violated
their
human rights, have established in their pleadings an arguable
cause of action.
ON THE MERITS
80. Having dealt with all prelin1inary objections raised by the
defendants, it is now time to move into the 1nerits of the
case.
81. In the bid to establish their case, the plaintiffs called five
witnesses who
pleadings.
testified
on
the
Through the witness
tendered documentary
evidence
facts
alleged
in
their
testimonies, plaintiffs also
that were ad111itted by the
Court for further consideration.
82. PW 1, in his evidence, stated ·that, on 12 October, 2009, he
was on his way to work when he saw many people, children,
women and men protesting at Bundu Junction; that he saw
armoured cars and Hilux vehicles loaded with military and
police men moving towards the crowd; that the security men
started shooting at the protestors who started running away;
that in the process
hospital
where
he
he was shot. He was taken
was
operated
upon
to a
and
the
bullet removed. He tendered the medical report. Under cross
examination, he admitted not knowing the type of gun the
bullet came from but maintained he was shot by the police.