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Comparative Studies | Law | Tanzania | Volume 12 Issue 11, November 2023

Enforcement of Foreign Probate Grants in Tanzania: A Comparative Study

Faraji Murshid Rushagama

Abstract: The Reciprocal Enforcement of Foreign Judgements and the Judgments Extension Acts are familiar in Tanzania for recognition and enforcement of foreign judgements. The forma does not involve reciprocity, recognition and enforcement of Commonwealth judgements which are neither succession nor matrimonial, whereas the later extends to Mainland Tanzania decrees for debt, damage and costs reached by court in Kenya, Uganda, Malawi and Zanzibar. Notwithstanding these laws, foreign grants of probate or letters of administration with the commonwealth origin are accommodated under the Probate and Administration of Estates Act, Chapter 352, (?the PAEA?). Recognition for enforcement is through resealing. The PAEA is quiet on non-commonwealth grants. The PAEA does not establish protection of public interests, policy and some other principles of substantive laws on landed properties which may be affected by resealing or new probate petitions. Along with that, the Customary International Principles governing immovable properties civil procedures which would have protected public interests and acted as estoppels on some matters for end of justice such are given less importance or totally ignored. This article assesses the PAEA on its insufficiency in relation to enforcing foreign succession decisions.

Keywords: Succession, PAEA, recognition, enforcement, resealing, commonwealth

Edition: Volume 12 Issue 11, November 2023,

Pages: 449 - 455