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.