Suing doctor for Viagra overdose

A doctor prescribed me Viagra to boost my performance and ensure I do not disappoint. After using the dose for 2 months, I have developed hearing and heart problems. My new doctor says that the previous doctor overprescribed the Viagra. Can I sue my doctor? Please advise me.
GM, Arusha

Being a man, we understand how sensitive an issue this is. Generally, the dosage of Viagra must be tailored to the patient’s specific medical profile factors, such as age, overall health, cardiovascular risk, concurrent medications, and the severity of erectile dysfunction, all of which influence the appropriate prescription. As you have not disclosed the exact dose prescribed, assessing whether it constituted an ‘overdose’ would first require a clinical review of the prescription in light of those variables. In any case as lawyers we would not be qualified to comment on what dose you should have taken.

That said, if your current doctor has determined that the previous doctor prescribed a dose exceeding what would be deemed medically appropriate according to established treatment guidelines, and you suffered harm, there may be grounds for a medical malpractice claim. To succeed in such a claim, you would need to prove that the doctor breached the accepted standard of care and that this breach directly caused your injuries. This would typically require expert medical testimony, documentation of both the original prescription and your current symptoms, and evidence showing that the harm is causally linked to the inappropriate dosage. Without this, a claim may not succeed. We recommend consulting a qualified medical negligence or personal injury lawyer who can assess your situation, review your medical records, and advise on the strength of a possible case. We wish you good luck.

Noisy motorbikes in Coco Beach

Over the past few months, I have seen gangs of bikers riding noisy motorbikes on the Coco beach highway. Can they make such loud noises on a road where even the Prime Minister resides? What guidelines are there on noise and speed?
NL, Dar es Salaam

Your concern about noisy motorbikes along the Coco Beach highway is well-founded, and the law does provide clear standards to address such disturbances. The Environmental Management (Standards for the Control of Noise and Vibrations Pollution) Regulations, 2015, made under the Environmental Management Act, Cap. 191, prohibit the generation of excessive or intrusive noise in public areas, including roads. Specifically, Regulation 13 prohibits noise in streets that exceeds permissible levels. Regulation 14 designates areas such as residential zones, hospitals, and recreational spaces as noise control zones, where even stricter noise limits apply. Given that Coco Beach is a mixed-use area with residential, recreational, and diplomatic significance, including proximity to high-level government residences, it would likely fall within such a zone.

In addition, the Road Traffic Act, Cap. 168 empowers the police to regulate vehicle behaviour, including speed and mechanical condition. Under this Act, vehicles (including motorcycles) that emit excessive noise due to modified exhaust systems or reckless driving may be subject to enforcement action. Speed limits are also enforceable under this law, and violations can lead to fines and loss of driving license. Furthermore, the Kinondoni Municipal Council bylaws prohibit excessive noise in public and residential areas and impose penalties on individuals found violating them. If the noise persists, residents and concerned citizens can report the matter to the National Environment Management Council (NEMC) or the Kinondoni Municipal Council, which have the authority to issue stop orders, notices, or initiate enforcement proceedings. Law enforcement officers may also curb reckless or noisy driving. Consult your lawyer for further guidance but we see this as an easy fix.

Judgment won, but no payment in sight

I recently won a civil suit involving a contract dispute and was granted monetary damages as relief for the losses I incurred. However, after various efforts to execute the judgment, I discovered that the judgment debtor has no assets or sufficient means to satisfy the decree. I am growing concerned that this judgment may be meaningless. Does this mean I have no remedy? What can I do to enforce the decision? What options do I have as the winning party to enforce the judgment under Tanzanian law? Please guide me.
JK, Dodoma

Your situation is not uncommon, and fortunately, the law does provide remedies to judgment creditors even when the debtor appears unable or unwilling to pay. In Tanzania, the enforcement of civil judgments is governed primarily by the Civil Procedure Code [Cap. 33 R.E. 2022]. If the debtor lacks sufficient liquid funds, several statutory enforcement mechanisms remain available.

Firstly, you may apply for attachment and sale of the debtor’s movable or immovable property under Order XXI Rules 38–58 of the Civil Procedure Code. If the debtor owns assets, they can be seized and sold by public auction to satisfy the judgment. Secondly, garnishee proceedings are available under Order XXI Rule 45, which allows you to obtain a Court order directing any third party (such as a bank or employer) who holds funds or owes money to the debtor to pay you directly. This is especially useful if the debtor maintains bank accounts or receives regular income. Third, you can apply for the examination of the judgment debtor under Order XXI Rule 36, which compels the debtor to appear before the Court and disclose, under oath, the nature and extent of their assets. If it is found that the debtor is concealing property or income, further orders such as attachment can follow.

In cases where there is evidence that the debtor has the means to pay but is wilfully refusing, the Court may, in limited circumstances, order civil imprisonment under Section 42 and Order XXI Rule 33. However, this is exercised cautiously and only where bad faith or deliberate avoidance is shown. Lastly, judgments are enforceable for 12 years under Section 44 of the Law of Limitation Act [Cap. 89 R.E. 2019], which means you may monitor the debtor’s financial position over time and enforce the decree should their means improve. To proceed effectively, you should engage your lawyer to guide you with the enforcement steps appropriate to the debtor’s situation and protect your rights under the decree.