Automated Summary
Key Facts
The case involves the resealing of a UK probate grant for the estate of the late HABIB MOHAMED DAWOOD HABIB, who was domiciled in England and Wales and died in London on 04/01/2021. Applicants Ahmad Habib and Zain Habib, as sons and executors of the deceased, sought to administer assets in Tanzania, specifically 520,000 ordinary shares in Habib African Bank Limited. The application was processed under Section 95 of the Probate and Administration of Estate Act (Cap 352 R.E 2002) and Rule 98 of the Probate Rules (GN No. 10 of 1963). The court confirmed compliance with procedural requirements (publication in Government Gazette and newspapers, no caveats filed) and ruled the application meritorious, granting resealing to enable estate administration in Tanzania.
Deceased Name
Habib Mohamed Dawood Habib
Issues
Whether the application for resealing of a grant of probate issued by the High Court of Justice England and Wales meets the requirements of Section 95 of the Probate and Administration of Estate Act (PAEA) and Rule 98 of the Probate Rules, particularly in relation to administering the deceased's estate in Tanzania.
Date of Death
2021 January 04
Holdings
The court granted the application for resealing of the probate grant as it met the requirements of sections 95 and 4 of the Probate and Administration of Estate Act (PAEA) and Rule 98 of the Probate Rules. No caveat was filed, making the application uncontested.
Remedies
The Court granted the application for resealing of the Probate grant issued by the High Court of Justice England and Wales on 21st September 2021, allowing the applicants to administer the deceased's estate in Tanzania under sections 95 of the Probate and Administration of Estate Act and Rule 98 of the Probate Rules.
Will Type
Other
Probate Status
Application for resealing of Probate granted by the Court.
Legal Principles
The court applied the principle of Recognition of Foreign Judgments under section 4 of the Probate and Administration of Estate Act (PAEA) and Rule 98 of the Probate Rules. It ruled that a probate grant from a Commonwealth country (England and Wales) can be resealed in Tanzania to enable administration of the deceased's estate within the country.
Succession Regime
Succession governed by the deceased's will under common law, as recognized by Tanzania's Probate and Administration of Estate Act.
Executor Name
- AHMAD HABIB
- ZAIN HABIB
Cited Statute
- Probate and Administration of Estate Act, Cap 352 R.E 2002
- Probate Rules GN No. 10 of 1963
Executor Appointment
Appointed by the deceased as executor of the Will.
Judge Name
M.MNYUKWA
Passage Text
- The present Application has been published as I have earlier on indicated and no caveat has been filed and therefore remain uncontested.
- I therefore, see no good reason to refuse the grant of the Application as prayed as the same met the requirement of section 95 of the PAEA and Rule 98 of the Rules.
- It is the law under the provision of section 4 of the PAEA to reseal the grant of Probate and Letters of Administration made by a court of probate in any part of the Commonwealth. Pursuant to section 95 of the PAEA and Rule 98 of the Probate Rules, in order for grant of probate granted outside of Tanzania to have effect in Tanzania; the applicant ought to make an Application for re-sealing of the grant of probate if he possess a grant from the Commonwealth country. In the present Application the applicants have been granted and submitted with this Court grant of Probate from the High Court of Justice England and Wales, Principal Registry of the Family Division, which fits the requirement of section 4 and 94 of the PAEA.
Beneficiary Classes
Child / Issue