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'File 2/5 VI SHAIKH’S DATE GARDENS.' [‎37r] (78/412)

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The record is made up of 1 volume (202 folios). It was created in 22 Jan 1935-3 Mar 1936. 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. .

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* .
think that in future both we and the Sheikh might do well
to admit that there is an exception to this rule as
regards actions involving a title to land in Iraq, and
that, in future proceedings which fall strictly within
this category, the Sheikh should not endeavour to put
up a probably useless plea of immunity from the
jurisdiction. The exception would not however cover
claims by his tenants or employees working on his gardens
for their wages or anything of that kind. If these
people should have grievances they would have to take
them up through the diplomatic channel and not through
the courts.
4. Even so, we feel that we must go on hammering at
the point that it is entirely wrong for the Iraqi Government
or the Iraqi courts to take the line that, because the
Sheikh has not submitted to the jurisdiction in a case which
comes within the exception, they will obstruct him in some
action which he brings as plaintiff. It is entirely
improper for the Iraqis to connect the two things in this way.
The Iraqi courts are perfectly well able to proceed v/ith
actions involving the title to land, i.e. those cornin', within
the exception, even if the Sheikh were wrongly to plead
immunity and refuse to accept the documents served on him,
by adopting suitable rules such as the courts ox nearly all
countries have for ’’substituted service 15 where it is
Impossible to serve a defendant^in the ordinary way. inis
is the manner in which they ought to deal with this point
instead of interfering with other quite distinct actions.
Yours sincerely.
(3d) A. K. Helm.

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Content

The volume contains correspondence related to the date gardens owned by the Shaikh of Kuwait, Aḥmad al-Jābir Āl Ṣabāḥ, in southern Iraq. In particular, the correspondence concerns the alleged intention of the Iraqi Government to expropriate a portion of the Shaikh of Kuwait’s property at Faw. The volume also concerns the service of judicial documents emanating from the Iraqi Government on the Shaikh of Kuwait in connection with his ownership of the gardens and the refusal of the Iraqi Ministry of Justice to recognise the Power of Attorney presented to them by the Shaikh of Kuwait’s lawyer in Basra, J Gabriel.

In the volume, British Officials discuss the failure of the Iraqi Government to validate the Shaikh’s title to his Faddaghiyya gardens, the Shaikh’s appointment of his son Muhammad as his attorney in Iraq, and the appointment of Abdul Jalil Partu as the Shaikh’s pleader in Basra instead of J Gabriel. The volume also includes correspondence related to the demands for customs duty by Iraqi customs authorities on Shaikh of Kuwait’s motor launch.

The main correspondence is between the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. , Kuwait, the British Ambassador, Baghdad, Ministry of Foreign Affairs, Iraq, the Ruler of Kuwait, and the Foreign Office, London.

Extent and format
1 volume (202 folios)
Arrangement

The papers are arranged in approximate chronological order from the front to the rear of the volume.

Physical characteristics

Foliation: the foliation sequence (used for referencing) commences at the front cover with 1, and terminates at the inside back cover with 204; these numbers are written in pencil, are circled, and are located 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.

A previous foliation sequence, which is also circled, has been superseded and therefore crossed out.

Written in
English and Arabic in Latin and Arabic script
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'File 2/5 VI SHAIKH’S DATE GARDENS.' [‎37r] (78/412), British Library: India Office Records and Private Papers, IOR/R/15/5/145, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100041934973.0x00004f> [accessed 29 March 2024]

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