Snehlatha Kumari Kapoor vs Satish Kapoor (Miscellaneous Civil Application No. 000005281 of 2026) [2026] TZHC 2959 (3 June 2026)

THE JUDICIARY OF TANZANIA IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA AT ARUSHA MISCELLANEOUS CIVIL APPLICATION NO. 000005281 OF 2026 MR. SATISH KAPOOR...............................COMPLAINANT / APPELLANT / APPLICANT / PLAINTIFF VERSUS ............................... RESPONDENT/ DEFENDANT RULING MAHIMBALI, J This is an application for the grant of Letters of Administration in respect of the estate of the late Dev Nath Kapoor. The application is brought by Mr. Satish Kapoor following the revocation of the grant previously issued to the late Snehlata Kumari Kapoor on 27th May 2014 for failure to exhibit a full and true inventory of the estate as required by law. The application is supported by the affidavit of Mr. Satish Kapoor, who depones that he is a biological son of the deceased. The record reveals that the late Dev Nath Kapoor died on 20th February 2011 at Bangalore Institute of Oncology Hospital in India. Following his demise, Probate and Administration proceedings were instituted before this Court, and on 17th October 2012, the deceased's widow, the late Snehlata Kumari Kapoor, was appointed Administratrix of the estate. rawpjaairaMiflSiBi Page. 1

It is not disputed that the said Administratrix failed to comply with her statutory obligation of filing a full and true inventory of the estate. Consequently, by an order of this Court issued on 27th May 2014, her grant was revoked. Thereafter, no other person was appointed to administer the estate, thereby leaving the estate unadministered. The Applicant further depones that, while residing in the United Kingdom, he was unaware of the progress and status of the probate proceedings. During his visit to Tanzania in January 2026, he discovered documents indicating that the deceased owned 600 shares in Splendors Tanzania Limited and 37,500 shares in Tanzania Breweries Limited. Upon making further inquiries and conducting official searches through his advocate, he discovered that those assets had not been administered due to the revocation of the previous grant and the absence of a successor administrator. I have carefully examined the court record and am satisfied that a General Citation was duly issued and published in the Government Gazette, namely Gazeti la Jamhuri ya Muungano wa Tanzania, Issue No. 5038, Vol. 107, No. 13 of 27th March 2026, and in the Mwananchi Newspaper of 26th March 2026 at page 20, in compliance with the orders of this Court. The record further shows that more than fourteen clear days have elapsed since the last publication of the citation. Indeed, more than sixty-five days have passed, and no caveat, objection, or other claim has been lodged by any heir, beneficiary, creditor, or person interested in the estate. Rule 76 of the Probate Rules provides: "Where a general citation is required to be published by these Rules or by the court, no probate of a will or letters of administration shall be granted until after the expiration of fourteen clear days from the date o f the last publication o f such citation and unless no caveat or objection has been lodged during that period." Page. 2

The purpose of the publication requirement is to afford all interested persons an opportunity to object to the proposed grant. Since no objection has been raised within the prescribed period, the present application remains uncontested. I have also considered section 49(2) of the Probate and Administration of Estates Act, Cap. 352 R.E. 2023, which provides: "Where it is satisfied that the due and proper administration of the estate and the interests of the persons beneficially entitled thereto so require, the High Court may suspend or remove an executor or administrator other than the Administrator-General or the Public Trustee and provide for the succession of another person to the office of such executor or administrator who may cease to hold office, and for the vesting in such person of any property belonging to the estate." The foregoing provision empowers this Court, where circumstances so require, to appoint a successor administrator upon the removal or cessation of office of a previous administrator. In the present matter, the former Administratrix's grant was revoked long before the estate was completely administered, leaving the administration process unfinished. The interests of the estate and those beneficially entitled thereto demand that a suitable person be appointed to complete the administration. Having considered the application, the affidavit in support thereof, the annexures attached thereto, the court record, and the applicable law, I am satisfied that sufficient grounds have been established to warrant the grant sought. Accordingly, the application is hereby granted and the following orders are made:

1. Letters of Administration in respect of the estate of the late Dev Nath Kapoor are hereby granted to Mr. Satish Kapoor. Haag Page. 3

2. The said Administrator shall proceed to administer the estate according to law and in accordance with the duties imposed upon administrators under the Probate and Administration of Estates Act.

3. The Administrator shall file a full and true Inventory of the estate together with Final Accounts within six (6) months from the date of this ruling.

4. The matter shall be mentioned on 7th December 2026 at 10:00 a.m. for confirmation of compliance and for further orders of the Court. It is so ordered. Dated at ARUSHA this 3rd of June 2026 . F. H MAHIMBALI JUDGE OF THE HIGH COURT Page. 4