jamila mbaraka gosi vs grace millanzi others 2022 tzhc 11687 12 july 2022

jamila mbaraka gosi vs grace millanzi others 2022 tzhc 11687 12 july 2022

The proceedings are not intended to inquire into the 1st defendant’s disciplinary conduct but are tortious claims for negligence and damages, which fall within the jurisdiction of the High Court and not the disciplinary council. The preliminary objection is misconceived and without merit.

Citation
jamila mbaraka gosi vs grace millanzi others 2022 tzhc 11687 12 july 2022
Parties
Plaintiff: Jamila Mbaraka Gosi; 1st Defendant: Grace Millanzi; 2nd Defendant: Ilala Municipal Council; 3rd Defendant: Muhimbili National Hospital; 4th Defendant: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 July 2022
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled
Legal Topics
Preliminary Objection, Jurisdiction, Negligence, Disciplinary Proceedings
Source Language
English
Tort Law Medical Negligence Civil Procedure Preliminary Objection Jurisdiction Negligence Disciplinary Proceedings

Case Brief

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Parties

Jamila Mbaraka Gosi

Plaintiff

Grace Millanzi

1st Defendant

Ilala Municipal Council

2nd Defendant

Muhimbili National Hospital

3rd Defendant

The Attorney General

4th Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit against the 1st defendant was prematurely instituted for failure to exhaust disciplinary procedures under the Nursing and Midwifery Act, No. 1 of 2010.

Ratio Decidendi

The proceedings are not intended to inquire into the 1st defendant’s disciplinary conduct but are tortious claims for negligence and damages, which fall within the jurisdiction of the High Court and not the disciplinary council. The preliminary objection is misconceived and without merit.

Court Disposition

Preliminary objection overruled

Orders

  • Objection overruled
  • Costs to be in the cause