This is tortious liability case. On 29th December 1997, the Plaintiff who was accompanied by his wife, children, relatives and other people were travelling in a bus from Tarime to Mwanza. Upon reaching Rubana River they were stopped by TPDF soldiers who were reconstructing the bridge over the river that had been swept away by heavy el-nino rains. The soldiers ordered women and children to cross the River over a temporary bridge but men (including the Plaintiff) had to collect stones from 50 metres away from the bridge. Having worked for 30 minutes they were allowed to cross the river as well. On the other side of the river, another group of soldiers ordered them to undertake a similar work. The Plaintiff pleaded with them that he had already worked on the other side of the river and that he was not feeling well. The second Respondent ordered his subordinates to beat him up (kumshughulikia). He was beaten up, insulted and detained before he was allowed to walk to the bus while limping. The Plaintiff sustained injuries and consequently filed a claim in the sum of Tanzanian Shillings 25,000,000/= for compensation and general damages. The second Respondent denied to have ordered anyone to beat the Respondent although indicated that there was someone who refused to work. It was also claimed that the work was a lawful self-help scheme.

