oc tanzlii TARUNA SUDHIR SHAH

oc tanzlii TARUNA SUDHIR SHAH

The applicants complied with all statutory and procedural requirements for resealing of probate granted by a Commonwealth court, including publication of notice, absence of objections, and lodging of inventory; thus, the application for resealing is granted to enable administration of the deceased's Tanzanian assets.

Source-derived case information.

Citation
oc tanzlii TARUNA SUDHIR SHAH
Parties
Applicant: Taruna Sudhir Shah; Applicant: Kaushikaben Shashikant Shah
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
5 March 2022
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Resealing of Probate
Outcome
Application granted
Legal Topics
Resealing of Foreign Probate, Administration of Estates, Jurisdiction of High Court, Commonwealth Probate Recognition
Source Language
english
Succession Law Probate Resealing of Foreign Probate Administration of Estates Jurisdiction of High Court Commonwealth Probate Recognition

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Parties

Taruna Sudhir Shah

Applicant

Kaushikaben Shashikant Shah

Applicant

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Resealing of Probate

Legal Issues

  1. 1 Whether the applicants have met the legal requirements for resealing of probate granted by a Commonwealth court
  2. 2 Whether the High Court of Tanzania has jurisdiction to reseal the grant of probate from Kenya

Ratio Decidendi

The applicants complied with all statutory and procedural requirements for resealing of probate granted by a Commonwealth court, including publication of notice, absence of objections, and lodging of inventory; thus, the application for resealing is granted to enable administration of the deceased's Tanzanian assets.

Court Disposition

Application granted

Orders

  • Order for resealing of the probate of the late Sudhir Bharmal Shah granted by the High Court of Kenya at Nairobi to Taruna Sudhir Shah and Kaushikaben Shashikant Shah
  • Direction to the Deputy Registrar of the High Court of Tanzania, Temeke sub-Registry, to endorse a certificate pursuant to Rules 102 and 103 of the Probate Rules, 1963