Model’s thighs out of shape

I am one of the few Tanzanian super models in the international arena. Recently I visited a doctor for a full body check and requested that I needed some medication for very slight fat reduction around the sides of my stomach to reinforce my beautiful figure. He recommended something, in addition to asking me to see a specialist trainer. Unfortunately, the medication and the training have resulted in my thighs, which are an integral part of a woman’s beauty, shrinking. What should I do about this? I am depressed as I have started losing contracts. I wish to sue this Doctor but don’t have a contract with him. Please guide me.
YY, Unknown

We are sorry to hear about the reduction in the size of your thighs. Unfortunately, how to get back in shape is something beyond the scope of our column as we are lawyers and not doctors. We can however answer the rest of the questions.

It is not true that you don’t have a contract with the Doctor. By appearing before him and getting his services, and you paying for them is in itself an implied contract. Hence that should not bother you.

As for suing the doctor, this will entirely depend on the evidence you lead. If you can prove that it is this medication that has caused this mishap, then there is a decent chance of you succeeding. The doctors defence might be that you didn’t follow the treatment plan, or the recommended drugs are not always 100% successful and you decided to take this chance. He might also say that it was the trainer who gave you the wrong exercises that is the main cause. It is hard for us to assess the chances of success without further information. We recommend you consult a lawyer in the jurisdiction you want to sue in before proceeding. We also hope and pray that you will work towards regaining your glory.

Out of Court settlement in a criminal matter

I am charged with sexual harassment of a barmaid but I committed the offence at a bar when I was already drunk. Hearing of the case has started but prosecution case is yet to be closed. I have spoken to the complainant and we have agreed to settle the dispute by paying her some money. Does the law allow amicable settlement of a criminal matter without undergoing through plea bargaining process? Will we need to sign a deed of settlement and file it in Court for the Court to close the case? Can the victim later re-open the case that has been closed after amicable settlement? 
JJ, Dar es Salaam

Section 163 of the Criminal Procedure Act [Cap.20 R.E 2019] requires criminal Courts to encourage and facilitate amicable settlement of offences of personal or private nature if, in the opinion of the Court, the public interest does not demand infliction of a penalty for commission of the offence. Sexual harassment is an offence of personal or private nature that can be resolved amicably unless its commission is attributed to special circumstances that warrant the imposition of penalty to the offender.

Amicable settlement under section 163 of the Criminal Procedure Act is different from plea bargaining. Amicable settlement involves the accused and the victim; no prosecutor and investigator are involved in the process as it is the case with plea bargaining. The Court can only act as a mediator and take part in approving the terms and conditions of the settlement agreed upon by the victim and the accused. The law neither requires nor bars the signing and filing of a written deed of settlement.

However, we recommend a settlement deed to filed with the trial Court for the Court to approve it and mark the case closed. If the accused fulfils the terms and conditions of the settlement deed and the file is marked closed, the victim cannot later on reopen the same matter. Hence, in paying the victim, the accused should make sure the payment is documented and the Court orders closing of the proceedings and the case.

Service of Court summons through an employer

I made a witness statement to the police during investigation of a rape offence that was committed near my house. Instead of the Police serving the Court summons directly to me, they have served the summons through my employer. In a criminal case which does not arise from the workplace, does the law allow serving a summons through the employer?
FM, Dodoma

The general rule provided under section 101(1) of the Criminal Procedure Act is that a summons has to be served directly on the person summoned by delivering or tendering to him one of the duplicates of the summons. In order to prove service, the person serving the summons shall require the witness summoned to sign at the back of another duplicate summons to acknowledge receipt.

However, section 102 of the Criminal Procedure Act, permits service of summons through an employer where the witness summoned cannot by exercise of due diligence be found. Therefore, service of a summons to attend a criminal Court can only be made through an employer where direct service to the witness has been attempted but has failed. Alternatively, the police officer serving the summons can affix one of the duplicates of the summons to some conspicuous parts of the house or homestead of the person summoned. The law does not demand obtaining a Court order before resorting to an alternative service of summons to attend a criminal trial.