Philip Graham Knaggs vs Estate Of Anthony John Knaggs (Probate and Administration Cause No. 5502 of 2026) [2026] TZHC 3087 (3 June 2026)

THE JUDICIARY OF TANZANIA IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA AT ARUSHA PROBATE AND ADMINISTRATION CAUSE NO. 5502 OF 2026 IN THE MATTER OF THE ESTATE OF THE LATE ANTHONY JOHN KNAGGS AND IN THE MATTER OF AN APPLICATION FOR GRANT OF PROBATE/LETTERS OF ADMINISTRATION BY PHILIP GRAHAM KNAGGS RULING KAINDA, J This Court is called upon to determine the Application for sealing of Letters of Administration issued by the High Court of Justice of England and Wales in respect of the estate of the late Anthony John Knaggs, deceased. The application is brought by Chamber Summons under Section 95 of the Probate and Administration of Estates Act, [Cap. 352 R.E. 2023] together with Rule 98 of the Probate Rules and is supported by the affidavit of Philip Graham Knaggs sworn at London, England. The matter came for hearing on 11th May, 2026 when learned counsel Ms. Queen Allen appeared for the Petitioner. The Petitioner himself was absent. By consent, the matter proceeded by way of written submissions, which were subsequently filed on behalf of the Petitioner. Page. 1

Upon perusal of the inventory of assets annexed to the application, this Court deemed it necessary to make further inquiry regarding the ownership and status of the immovable property described as Plot No. 39 under Certificate of Title No. 28306 situated at East Bank of Maji ya Chai River in Arusha District, which had been listed among the assets of the deceased's estate within Tanzania. The Court therefore caused investigations and clarification to be made concerning the ownership of the said property. The inquiry revealed that, as a matter of fact, Plot No. 39 under Certificate of Title No. 28306 is registered in the name of Kilimanjaro Golf Development. In view of that finding, the Court considered it necessary to afford the registered proprietor an opportunity to be heard concerning the prayers sought in the present application. Consequently, the principal officer of Kilimanjaro Golf Development was called upon to appear before the Court and state the company's position regarding the application. In response thereto, Mr. Mahmoun Ally, Estate Officer of Kilimanjaro Golf Development, appeared before the Court and informed the Court that the company had no objection whatsoever to the orders sought in the present application. He expressly stated that Kilimanjaro Golf Development had no problem with the prayers contained in the application being granted by the Court. I have carefully considered the Chamber Summons, the supporting affidavit together with the annexures thereto, the written submissions filed by learned counsel, the clarification obtained by the Court regarding the ownership of Plot No. 39 under Certificate of Title No. 28306, and the law governing applications of this nature. The record before the Court discloses that the deceased, Anthony John Knaggs, died on 19th January, 2022 at Kampala, Uganda. A copy of the Death Certificate annexed to the affidavit confirms both the fact and date of death. The affidavit further states that the Page. 2

deceased died intestate and that despite efforts undertaken by the family, no testamentary instrument was found. It is further disclosed that by proceedings conducted before the High Court of Justice of England and Wales, Probate Registry, Letters of Administration were issued on 9th August, 2023 in Case Reference No. 1683901251708658 appointing Philip Graham Knaggs as administrator of the estate. The application before this Court seeks the sealing and recognition of those foreign Letters of Administration so as to enable the administrator lawfully to administer the assets of the deceased situated within the jurisdiction of the United Republic of Tanzania. The evidence placed before the Court shows that the deceased possessed assets within Tanzania including a bank account maintained at Absa Bank Tanzania Limited. The application also referred to immovable property described as Plot No. 39 under Certificate of Title No. 28306 situated at East Bank of Maji ya Chai River in Arusha District. However, following the Court's inquiry into the ownership of the said property, it was established that the property is registered in the name of Kilimanjaro Golf Development. The Court nevertheless notes that the company's Estate Officer, Mr. Mahmoun Ally, appeared before the Court and confirmed that the company raises no objection to the granting of the present application. The jurisdiction of this Court to reseal or seal grants issued by foreign courts is expressly provided under Section 95 of the Probate and Administration of Estates Act, [Cap. 352 R.E. 2023]. The objective of the provision is to avoid multiplicity of probate proceedings where a deceased person dies leaving assets distributed across several jurisdictions. The law recognises that once a competent foreign court has properly issued probate or letters of administration, the same may, upon satisfaction of prescribed conditions, be recognised and accorded legal force within Tanzania through a process of sealing. Page. 3

The legal philosophy underlying resealing proceedings is founded upon principles of comity of courts, orderly administration of estates, and protection of beneficiaries and creditors situated in different jurisdictions. The process does not amount to a fresh grant by the Tanzanian court in the strict sense, but rather constitutes judicial recognition of a foreign grant after the Court satisfies itself that the grant was issued by a competent court, that the applicant possesses proper legal authority, and that the interests of persons connected to the estate within Tanzania are sufficiently safeguarded. The Court must therefore satisfy itself on several matters before exercising its discretion in favour of the applicant. First, there must exist a valid foreign grant issued by a court of competent jurisdiction. Secondly, the deceased must have left property within Tanzania requiring administration. Thirdly, the procedural requirements under the Probate Rules must have been complied with. Lastly, there should be no legal impediment, objection, or caveat that would render the sealing inappropriate or prejudicial to interested parties. In the instant matter, the annexed Letters of Administration issued by the High Court of Justice of England and Wales appear regular on their face. They identify the deceased, the administrator, the date of death, and the authority granted to the Petitioner. This Court has no reason to doubt either the authenticity or regularity of the foreign grant. Furthermore, the original Letters of Administration have reportedly been deposited before the Deputy Registrar of this Court, thereby complying with the procedural expectations attendant to applications of this nature. The Court also takes cognizance of the fact that the deceased was resident in Uganda and possessed multinational investments and assets, including property interests and financial assets situated within Tanzania. Such circumstances are precisely the kind contemplated by Section 95 of the Act, whose purpose is to facilitate effective transnational Page. 4

administration of estates without unnecessarily burdening parties with repetitive proceedings in every jurisdiction where property may be located. The Court has also considered whether the procedural safeguards intended to protect possible beneficiaries, creditors, or interested persons have been complied with. Learned counsel submitted that citation and publication were effected through Mwananchi Newspaper dated 28th April, 2026. The purpose of such publication is to provide notice to any person wishing to challenge the application or assert an interest in the estate. The Court record reveals no caveat, objection, or contest lodged against the present application. Equally important, the inventory of properties was lodged in accordance with Rule 101 of the Probate Rules. Compliance with those procedural requirements demonstrates candour and good faith on the part of the Petitioner and assists the Court in ensuring that the administration process remains transparent and accountable. The Court further notes that, following its own inquiry into the ownership of Plot No. 39 under Certificate of Title No. 28306, the registered proprietor, Kilimanjaro Golf Development, was afforded an opportunity to be heard. Through its Estate Officer, Mr. Mahmoun Ally, the company expressly indicated that it had no objection to the application being granted. The Court therefore finds no prejudice likely to arise to the registered proprietor from the orders sought herein. It is also significant that the application concerns Letters of Administration in respect of an intestate estate. In matters of intestacy, courts are generally vigilant to ensure that grants are not improperly obtained or exercised to the prejudice of rightful beneficiaries. However, no material has been placed before this Court suggesting any dispute among beneficiaries or any challenge to the authority of the Petitioner. To the contrary, the affidavit evidence establishes that the Petitioner was duly recognised by the English Court as the lawful administrator of the estate. In absence of contrary evidence, this Court is entitled to Page. 5

presume regularity in the proceedings conducted before the foreign court. The Court is mindful that the power to reseal a foreign grant is discretionary and must always be exercised judiciously. Such discretion is not intended to operate mechanically but must be guided by considerations of legality, fairness, convenience, and the proper administration of justice. Where the statutory conditions have been substantially complied with and no prejudice is shown likely to arise, the Court ought not to impede administration of the estate through undue technicality or procedural rigidity. In probate matters particularly, courts are enjoined to facilitate orderly transmission and preservation of estates for the benefit of those lawfully entitled thereto. Delays or unnecessary refusal to recognise foreign grants may occasion wastage of estate assets, interruption of property management, and prejudice to beneficiaries or creditors. It is therefore in the broader interests of justice that legitimate administrators clothed with proper authority by competent courts be enabled to administer estate assets situated within Tanzania, subject always to compliance with local law. Having carefully evaluated the material before me, I am satisfied that the applicant has established sufficient legal basis for the grant of the orders sought. The foreign Letters of Administration were issued by a competent court; the deceased left assets within Tanzania; the mandatory procedural requirements under the Probate and Administration of Estates Act and the Probate Rules have substantially been complied with; publication and notice were effected; no caveat or objection has been raised; the registered proprietor of Plot No. 39 under Certificate of Title No. 28306 has been heard and has expressed no objection to the application; and no legal impediment has been shown against resealing the grant. Accordingly, this Court finds merit in the application. Page. 6

Consequently, the Letters of Administration issued by the High Court of Justice of England and Wales on 9th August, 2023 in Case Reference No. 1683901251708658 in respect of the estate of the late Anthony John Knaggs are hereby sealed for use and execution within the United Republic of Tanzania. The Petitioner shall thereafter be at liberty to administer, collect, manage, and deal with the assets of the deceased situated within Tanzania in accordance with the law governing administration of estates. It is so ordered. Dated at ARUSHA this 3rd of June 2026 . S. J KAINDA JUDGE OF THE HIGH COURT Page. 7