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'File 2/5 VI SHAIKH’S DATE GARDENS.' [‎61r] (126/412)

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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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international law.
5. I should be glad to receive your instructions on this
matter, however, since I am not altogether certain that the
Shaikh, as the owner of extensive real property in Iraq, would
be able successfully to sustain the plea of immunity if the
Iraqi Government chose to press the point. From the
authorities on the matter which I have consulted, it appears
to me that the Shaikh’s case falls within the exception to the
general rule. The Iraqi Government are not unaware of this.
6. I’he Adviser to the Ministry of Justice, whom I consulted,
has discussed the matter with Mr. Lloyd, the British Judge
in Basra. He says that the Pov/er of Attorney is not needed
for any Court cases, but simply for matters connected with the
Land Registry. Mr. Lloyd has already informed the Land
Registry that no authentication of the agent’s Power of
Attorney is required, and that if there were any doubt regardkng
Colonel Dickson’s seal and signature, he would elucidate it ,
personally. This, I understand, is in accordance with
established practice. No reference has, in fact, been made
to Judge Lloyd, and so far as he is aware, the Power of
Attorney has been accepted.
7. Mr. Drower is at a loss to understand the purpose of
the note from the Ministry of April 9th, unless it may be
regarded as the prelude to an instruction to the Land Registry
in Bagdad to the effect that tbe Power of Attorney is not to
be accepted without the Ministry’s approval. He adds that
there would be no legal justification for such a step. On
the other hand, as you are aware, the Government feel very
strongly that the privilege which is now being claimed on
behalf of the Shaikh of Kuwait is one skied and unfair.
8. Pending your instructions I will take no action in regard
to the note of April 9th from the Ministry of Foreign Affairs.
9./

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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.' [‎61r] (126/412), British Library: India Office Records and Private Papers, IOR/R/15/5/145, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100041934973.0x00007f> [accessed 28 March 2024]

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