20120427 TZHC Dar es Salaam

20120427 TZHC Dar es Salaam

The Letters of Administration were validly issued by a Commonwealth court, and all procedural requirements for re-sealing under Tanzanian law were satisfied. The court therefore ordered the Letters to be sealed as prayed.

Citation
20120427 TZHC Dar es Salaam
Parties
Applicant: Daniel Philip Burns; Applicant: Matthew Simon Cruickshank; Deceased: Estate of the late David Ian Cruickshank
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 April 2012
Procedural Posture
Probate Application / Ruling on Application for Re Sealing of Foreign Probate
Outcome
Application granted
Legal Topics
Re Sealing of Foreign Probate, Letters of Administration, Commonwealth Grants, Estate Administration
Source Language
English
Probate Succession Re Sealing of Foreign Probate Letters of Administration Commonwealth Grants Estate Administration

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Parties

Daniel Philip Burns

Applicant

Matthew Simon Cruickshank

Applicant

Estate of the late David Ian Cruickshank

Deceased

Procedural Posture

Probate Application / Ruling on Application for Re Sealing of Foreign Probate

Legal Issues

  1. 1 Whether the Letters of Administration granted by the High Court of Justice, Oxford, England, can be re-sealed by the High Court of Tanzania under S. 95 of the Probate and Administration of Estates Act

Ratio Decidendi

The Letters of Administration were validly issued by a Commonwealth court, and all procedural requirements for re-sealing under Tanzanian law were satisfied. The court therefore ordered the Letters to be sealed as prayed.

Court Disposition

Application granted

Orders

  • The Letters of Administration issued by the High Court of Justice, Oxford, England, are to be sealed with the seal of the High Court of Tanzania as prayed.