حدائق التمر المملوكة لشيوخ الكويت والمحمرة في العراق. نطاق الالتزامات الممنوحة من حكومة بريطانيا في ١٩١٤. قضية مقدّمة لمعرفة رأي المسؤولين القانونيين الملكيين ورأي ت. و. هـ. إنسكيب و ب. ب. ميريمان، إدارة المسؤولين القانونيين، ٢٩ مارس ١٩٣٣ وتشمل حدائق التمر المملوكة لشيوخ الكويت والمحمرة في العراق. ملخص تاريخي [غير مؤرّخ] [و‎‎١‎٧] (٧٠/٣٣)

31
Sheikh of Kuwait can raise the point in the 3 cases filed at Basrah.
When a foreign potentate possess land in another country it is
easy to believe that the court will not admit that an action affecting
immovable property can be excluded from their jurisdiction.
28. The Court gave no order regarding the point raised on
appeal that a refund of the purchase price should be claimed.
There is nothing to prevent the Sheikh claiming to recover this. No
doubt the court did not decide this as it would mean an adjournment
for payment of the court fees on the claim.
29. The court did not go into the point whether the second
guardian should have joined in the sale. There may be a good deal
of substance in the argument that when there are two " Wasis "
both must join, failing which a disposition by one can be upset.
30. I cannot recommend any legislation except to alter the
application of the Majelle, to possession of land under article 20
of the Land Code.
31. Finally do not let it be supposed that I am in favour of
the present Civil Code known as the Majelle nor of the provisions
of the Land Code. I have frequently pressed for the revision of
both the Majelle and Land Code and you will find my comments in
my annual reports especially for 1923, 1924, 1926 and 1931, copies
of which should be in your office.
(Sgd.) G. Alexander,
A/G Judicial Adviser,
20th August, 1932.
DOCUMENT 7.
Copy Letter by Sir H. Dobbs, Revenue Commissioner, Basrah, U>
the Agent of the Sheikh of Koweit, dated 14th June, 1915.
I promised you that I would send you a written reply to the
application presented by you on the 16th May, 1915, for the registra
tion in the Tapu Department of the sale to the Sheikh of Koweit of
a certain Estate in Fadaghiya. The shares in the Estate were as
follows :—
(1) Estate Called Bashiya.
Shares.
Ahmad Pasha ez Zuhair 36
Abdul Bagi son of Ali Pasha ... ... ... 34
Shafiqa mother of Abdul Bagi 1
5 daughters V ••• ••• 1^6
1 son Hassan J
(2) Estate Comprising 6 holdings and 3 river frontage holdings.
Ayesha wife of Ahmad Pasha ez Zuheir, sole proprietors.
In 1326 A.H. (1324 Ottoman Year) Ahmad Pasha acting on his
own behalf in regard to the 36 shares in Bashiya and as agent of
Abdul Bagi for his 34 shares and also agent for Ayesha for her
whole estate, covenanted to sell the shares to the Sheikh ot Koweit
as follows :—
Shares. Piastres.
Ahmad Pasha 36 ... ... ... 769-12^
Andul Bagi 34 ... ... ... i 1 706-62
Ayesha, whole estate ... ... ... £1 44217-33
At the same time Shafiqa on behalf of herself and 5 daughters
and minor son covenanted to sell her 146 shares in Bashiya to the
Sheikh for £T 3304-37 piastres. Ahmad Pasha was at that time
starting for Constantinople and he received from the Sheikh of
Koweit before starting a hawala on Bombay for £T 10,000 in part
payment. He left a power of attorney with Abdul Wahab Pasha.