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'File 53/11 XVI (D 141) Kuwait Date Gardens' [‎23ar] (57/400)

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The record is made up of 1 volume (204 folios). It was created in 22 Jul 1938-18 Oct 1938. It was written in English and Arabic. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .

Transcription

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TO:-
The President, Court of First Inatence,
Basra.
llo:373 - 1932.
Plaintiff: Abdalla A1 Zoheir in connexion
with the estate of his testator
Awasha A1 Zoheir
Defendants: Hamad and Abdalla, sons of Sheikh
Mubarak A1 Sabah and others
Reply to the Plaintiff's Counsels Hote .
In writing this Hote, we hope that it will be the
final one in the case. It is regretted that we are at a
loss whether the contents of our two legal Motes have not
been properly understood by^/opponents or whether we failed
to produce documents in their support or mention the sources
of law from which they were taken, the opinions of the legal
authorities, and the decrees issued by the Courts in similar
cases, so that as a result our Kotes were so weak as to induce
our opponents to P&y no attention to them, or alternatively that
the legal contents of those Notes were so strong as to bewilder
our opponents, and leave them in a state of dizziness.
As a matter of fact when pleading in that case we did
not cite any article, quote any opinion, or mention any similar
decree without indicating their original sources, and referring
to the pages of the works relating thereto. Kow our opponents
have reverted to their allegation generally and not in detail
to the effect that our pleading in that case was without any
support. They have, however, failed to discuss our arguments
in this connexion and to mention whether our statement was
correct or otherwise.
As regards the question of Otiw repellence arising from
the alleged incompetency of the Court, we have already^i^ased our
case on two points:- (a) The capacity of the defendant Sheikh
Ahmed A1 Gaber A1 Sabah as T&iir of Koweit, and (b) Great Britain
standing as guarantor for the property of Sheikh Mubarak A1 Sabah.
/T e have

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Content

This file contains correspondence between British officials regarding date gardens in southern Iraq owned by the rulers of Kuwait and Mohammerah. In particular, the correspondence concerns the Government of Iraq's decision to end the immunity from taxation (on the gardens) that had been granted by the British Government to the former ruler of Kuwait, Shaikh Mubārak Āl Ṣabāḥ and the Shaikh of Mohammerah, Khaz‘al bin Jābir al-Ka‘bī in return for their military support against the Ottoman Empire in World War 1.

The file contains detailed discussion of a case in the court of Basra brought against Shaikh Aḥmad al-Jābir Āl Ṣabāḥ, the ruler of Kuwait, by Abdulla Al Zuhair/Az-Zuhair [‘Abdullāh al-Zuhayr] and contains copies of various court documents from both the defence and the prosecution.

The file also contains reports regarding the cutting down of trees on Shaikh Aḥmad's estates in Fao (in order to widen roads) by order of the Basra port authorities and on folios 154-157 it contains four photographs of the affected area.

The file also contains the minutes of a meeting held at the Foreign Office that was attended by representatives of the Treasury, the Treasury Solicitor's Office, the India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. and the Foreign Office (in August 1938) and copy of the Iraqi Land Settlement Law No. 29 of 1938 (taken from the Iraqi Government Gazette No. 21, 22 May, 1938).

Extent and format
1 volume (204 folios)
Arrangement

File is arranged in chronological order, from earliest at beginning of the file to most recent at end. An index of topics contained in the file is listed on folio 1c.

Serial numbers in red crayon refer to entries in the notes at the rear of the file.

Physical characteristics

Condition: A bound correspondence volume of which the front cover and some pages have come unbound and are now loose.

Foliation: The file's foliation sequence commences at the front cover and terminates at the back cover; these numbers are written in pencil with a minority in ink, and can be found in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio.

Folios 131-135 are omitted. The file contains the following foliation errors: 1, 1A, 1B, 1C, 1D and 1E; 23 and 23A; 125 and 125A; 183 and 183A.

Written in
English and Arabic in Latin and Arabic script
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'File 53/11 XVI (D 141) Kuwait Date Gardens' [‎23ar] (57/400), British Library: India Office Records and Private Papers, IOR/R/15/1/498, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023699844.0x00003a> [accessed 3 May 2024]

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