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    n z 1 , L|- ^ S , w\cu>«l THE DATE GARDENS IN IRAQ OF THE SHEIKHS OF KOWEIT AND MOHAMMERAH r P.Z. 1890 1933 SCOPE OF UNDERTAKINGS GIVEN BY H.M. GOVERNMENT IN 1914 CASE FOR THE OPINION OF THE LAW OFFICERS OF THE CROWN AND OPINION THEREON ...

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    The Date Gardens in Iraq of the Sheikhs of Koweit and Mohammerah Scope of undertakings given by h. ... s Government in 1914 to the Sheikhs of Koweit and Mohammerah (documents 1 and 2 in the Appendix, pp. 8 and 9), ... the Sheikhs themselves. 3. The circumstances in which the undertakings in question came to be given can, so ...

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    are not in a position to give literal effect to the undertakings given to the Sheikhs, the question arises whether there is a legal obligation on His Majesty's. Government to pay compensation to the Sheikhs on account of certain ... are or are not contrary to the promises to the Sheikhs referred to in the preceding paragraph, and this is the matter upon ...

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    in respect of the produce of the Sheikhs' date gardens is now being enforced, and the first of the two ... of these date gardens involves a breach of the undertakings given to the Sheikhs in 1914 that their date gardens ... that in their capacity as proprietors of these gardens the Sheikhs will not be called upon to pay any tax, but in so far ...

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    they were given the undertakings given to the Sheikhs extend to taxation not levied on the gardens ... to examine the actual language used in the undertakings given to the two Sheikhs. When the drafts were under ... An authenticated copy of the actual Arabic letter received by the Sheikh of Koweit has been obtained. The words ...

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    of the practical effect of the new tax; and that as the Sheikhs are necessarily resident elsewhere than in Iraq, ... which affects only the gardens in the possession of the Sheikh of Koweit. Tt appears that certain legal ... It is therefore necessary to consider whether the pledge given to the Sheikh in 1914 imposes on His Majesty's ...

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    July 1913. A section of the Convention in question regularised the position of the Sheikh of Koweit ... that the Sheikh should enjoy in full security and in accordance with Otto man Law the rights of private property ... of the Sheikh to take the formal steps necessary in regard to the registration of the documents of title ...

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    Majesty's Government to examine for themselves the basis of any decision against the Sheikh; and that if, ... in Ottoman law, it should be decided that the decision against the Sheikh is contrary to the justice of the case, His Majesty's Government come under a legal obligation to compensate the Sheikh for property which ...

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    6. Memorandum by Judicial Adviser to the High Commissioner, Iraq. Subjects (1) The Sheikh of Kuwait and the Bashiya Garden land suit. (2) The possession of the Fadaghiyah garden by the Sheikh of Kuwait. 1. ...

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    ' of Cassation is directly challenged by the Sheikh of Kuwait and this aspect has been pressed by you upon me most torcibly, further you have put certain questions as regards the Sheikh s position in Law. I trust ... to sit. 4. The letter from Col. Dickson dated 25th June. 1932, shows that the Sheikh of Kuwait owns five ...

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    of the Basrah Court of First Instance, Rafia bint Ali Pasha A1 Zuhair, sued Sheikh Ahmad Jabir A1 Sabah (Sheikh ... briefly denied that the Sheikh of Kuwait took the land by force and laid certain preliminary objections ... grandfather Sheikh Mubarak A1 Sabah bought the shares belonging to Shafiqa Khanim and her children Hassan, ...

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    that this was not done because the Turkish Government wanted a declaration that the Sheikh ... by the \ ice-president and the judgment was given on 15.7.1931, in favour of the defendant i.e. of the Sheikh of Kuwait ... as the allegation of the Sheikh of Kuwait against the bona fides of the Iraqi judges is concerned, I cannot see ...

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    as regards the known attitude of the Sheikhs of Muhammara and 9 Kuwait towards the Turkish State and offered ... in argument by the Sheikh of Kuwait's advocate. (a) That in this case limitation ought to run under section ... for the Sheikh as appellant. It is alleged that I was deliberately kept in ignorance of this case. Iskender ...

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    of the Sanad and will be possessed by the Sheikh of Kuwait. (b) As to copy of 'plaint and defence: I have ... what the Sheikh can do to contest the decision already given as regards the claims of Rafia to l/10th ... Khakani has been issued to the Sheikh of Kuwait. If an action is filed as regards the Fadaghiyah garden ...

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    of the Basrah Law Repeal Act and under the Civil Law no pres cription can be good as the Sheikh admitted he held his titles from the ancestor of Plaintiff. I will put the matter in another way. The Sheikh of Kuwait ... Government and the Sheikh of Kuwait and it is for the British Government to decide whether the Sheikh should ...

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    31 Sheikh of Kuwait can raise the point in the 3 cases filed at Basrah. When a foreign potentate ... to prevent the Sheikh claiming to recover this. No doubt the court did not decide this as it would mean ... the Agent of the Sheikh of Koweit, dated 14th June, 1915. I promised you that I would send you a written ...

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    as agent for the Sheikh of Koweit and Abdul vVahab as agent for Ahmad Pasha and Abdul Bagi and Ayesha, went ... in the name of the Sheikh of Koweit were to be registered. After this you and Abdul Wahab went before ... you the balance of the purchase money viz. £T 38706 and handed the Estate over to the Sheikh ...

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    gardens of either of the Sheikhs, it would have been a breach of the undertakings given in November, 1914. On this basis, we think that an obligation rests on His Majesty's Government to compensate the Sheikhs ... the then Sheikh of Koweit was, at the date of the undertaking, de facto in possession of the portions ...

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    THE DATE GARDENS IN IRAQ OF THE SHEIKHS OF KOWEIT AND MOHAMMERAH * SCOPE OF UNDERTAKINGS GIVEN BY H.M, GOVERNMENT IN 1914 CASE FOR THE OPINION OF THE LAW OFFICERS OF THE CROWN AND OPINION THEREON c ...

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    In the years ionediately preceding the War the status of the Sheikh of Koweit was of vital interest to His ... in the way of the regis tration of property acquired in their jurisdiction by the Sheikh of Koweit unless His ... in the Anglo-Turkish Convention,signed on July 29th,1915, to secure to the Sheikh the enjoyment of his private property ...

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    Government pointed out that the exemption of taxation hitherto accorded to the Sheikhs' date gardens ...

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    into direct negotiations with the Sheikhs. At the same time it was agreed between Sir ?. Humphrys and Puri Pasha in an exchange of letters dated August 19th, 1930, that the obligations to the Sheikhs should ... of 1931 it became apparent that the direct negotiations between the Sheikhs and the Iraqi Government had ...

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    of this threat to the Sheikh's titles to his gardens and put forward in May, 1953, a proposal that if the Iraqi Government would undertake to secure the Sheikh of Koweit in the possession of his gardens. His Majesty's Government would favourably consider paying both the Sheikhs compensation in respect of their future losses ...

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    their under takings to the Sheikh - at least as regards regularising the Sheikh of Koweit 1 s title ... to the xollowing effect: On the understanding that the Iraqi Government would ensure that the Sheikh of Loweit ... of the Bashiyah section already alienated from the Sheikh by a Court judgment /Tor which loss His I.ajesty's ...

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    the Ambassador was authorised merely to place it on record, when the Faddaghiyah dispute had been disposed of ... for arrears of taxation a.gainst the Sheikhs of Koweit and Mohammerah in respect 9! their properties in Iraq, ... on the properties of either of these Sheikhs in future. His Malesty's Government would raise no further claim tor ...

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    connected Vvith the Sheikh of I'oweit's titles to his gardens would not be disnosed of. They were requested ... it out . Me pointed out that even if the Iraoi Government could be persuaded to issue to the Sheikh a proper T apu Sanad in respect of his Faddaghiyah gardens, the Sheikh would not thereby necessarily ...

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    r 9, and (5) to register in Tapu all lands, etc., of the Sheikhly family as a private Wakf to "be ... of the Sheikhly family regarding their share in these lands.. He pointed out however that this proposal, although ... the interests of the Sheikh and of His majesty's Government was included amongst its members. As regards ...

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    and the Sheikh to agree to a Commission with such wide powers may prove insuperable and that it may prove ...

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    but on suah parts of the crop as were sold or exported. Whilst it was evident that the Sheikhs would have ... or not the Sheikhs T losses under the ney/ tax were covered by the 1914 pledges. In March, 1935, the Law Officers advised that an obligation resi-ed upon His Majesty's Government to compensate the Sheikhs ...

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    with the compensation aspect until the question of title had been disposed of, because (a) the final decision ... to the Sheikh and his successors of the proceeds of the capitalised sum. (iv) Payment to the Sheikh of an immediate lump sum representing the capitalized sum, referred to in (iii), the Sheikh thereafter becoming ...

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    the cost of the Sheikhs' taxation losses, the Jraca Government might have little incentive to validate the Sheikh of Joweit's title to his gardens; moreover, the Iraqi G-overnment might prove reluctant to waive ... to the Sheikh of Voweit in return for a formal discharge binding on his successors as well as on himself, ...

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    14, discriminatory tax would bo imposed on either Sheikh in future (as proposed in the 19?4- ... are on a somewhat different basis to those of the Sheikh of Koveit. The Sheikhs of ^oweit remain independent rulers, but the Sheikh of x/iohammerah has relapsed into subjection to Persia and it is conceivable that he v.ill have ...

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    with the "oosition of the Sheikh of Poweit in regard to civil suits in the Iraqi courts. Sir A. Clark Kerr has been instructed to explain to the Iraci G-overnment that the suits brought against the Sheikh in respect of his ... Government would normally have been prepared to transmit the relevant documents for s -:rvice on the Sheikh ...