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File 2/5 XIV 'SHAIKH'S DATE GARDENS' [20v] (40/628)
The record is made up of 1 file (310 folios). It was created in 6 Dec 1942-18 Nov 1943. It was written in English. 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
This transcription is created automatically. It may contain errors.
5 . You may rely on our doing all we can to help but
the case is exceedingly complex and the Shaikh*s-legal position
unhappily weak. This being so we are all very much in the
hands of the lawyers. Nasrat al Farisi is, I am assured by
those who should know, as good a man as could be found both
from the point of view of skill and integrity and it would be
foolish for us to try to plot a course for him through waters
which he knows infinitely better than we do. As for gingering
him up Holt, v/ho knows him well, feels sure that Nasrat would
probably throw up the case in a huff at the first sign that we
were dissatisfied with his conduct of it.
6. Holt says that he gave Nasrat openings to complain
about the Judge if he had wished to do so, but no complaint was^
made and I have not heard of any intrigue against the Shaikh*s
interests except that of the rival claimants, which of course
lies behind the whole case; but that is not a Government but
a family affair.
7 # The case of the Shaikh*s title to the land reclaimed on
the river front of his Fao property is still in the hands of the
Land Settlement Committee at Basra before which the Shaikh is
presumably represented by his Basra lawyer and so far Nasrat al
Farisi has had nothing to do with it. have sent .you copies
of the further correspondence which has passed between the
Persian Gulf
The historical term used to describe the body of water between the Arabian Peninsula and Iran.
Residency
An office of the East India Company and, later, of the British Raj, established in the provinces and regions considered part of, or under the influence of, British India.
and ourselves on this subject.
8. The destruction in May 194-1 of the bulk of the Embassy’s
archives is often a handicap in dealing with the complexities of
the Shaikh of Koweit’s properties in Iraq. For example, I am
told that in 1938 when the new Land Settlement Law was enacted
a commentary on its provisions based on expert opinion was sent
from the Embassy to the Foreign Office. There is now no copy
of it in our archives but from our index it seems that it .was
probably contained in a letter from Morgan (then in charge here)
to Baggallay No. 776/3/38 of March 9th, 1933. I should be
grateful, if you could trace this and send us a copy. So
many varied points arise about the application of this law to
the Shaikh’s properties end it would be useful to have this paper
for reference.
9. I am sending copies of this letter, with which the
Ambassador agrees, to Prior and Hickinbotham.
Yours ever,
(Scjd.) G. H. Thompson
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About this item
- Content
This file is a continuation from IOR/R/15/5/152. It contains correspondence, memoranda and legal papers regarding lawsuits brought against the Shaikh of Kuwait [Aḥmad al-Jābir Āl Ṣabāḥ] by the heirs of the former owners of the Al Faddaghiyeh, Al Bashiyah and Al Fao properties, and efforts on behalf of the Shaikh to reclaim the properties. The papers discuss the progress of the various cases, appeals and hearings regarding the Faddaghiyah (eventually found in favour of the Shaikh), the Bashiyah (eventually found against the Shaikh) and the Fao (still ongoing by the closure of the file) properties.
The papers also discuss: the provision of legal advice for the Shaikh, following the appointment of the Advocate Nasarat al-Farisi as Iraqi Ambassador to Turkey; technical difficulties with Powers of Attorney granted to and by the Shaikh; the occupation of the Fao fish and meat markets by agents of the Fao Municipality; the rebellion of the Shaikh's fellaheen Arabic for ‘peasant’. It was used by British officials to refer to agricultural workers or to members of a social class employed primarily in agricultural labour. on the Fao estate, and their refusal to pay rents or gather the date harvest; the prohibition against the export of dates from Iraq to countries other than Kuwait without the prior agreement of the Date Board; and the potential compensation claim should the Shaikh lose ownership of any of the properties.
The file primarily consists of correspondence between the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , the Foreign 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. Political Department, 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. at Kuwait, and HM Ambassador to Iraq. It also contains copies of correspondence between the Shaikh of Kuwait (Shaikh Aḥmad al-Jābir Āl Ṣabāḥ), the Shaikh's son and acting representative in Basra (Shaikh Muḥammad Āl Ṣabāḥ), the Shaikh's secretary (Abdulla Mulla Saleh) and the Shaikh's lawyers (Sulaiman Faidhi, Nasrat al-Faresi, and Iskandar Mansur), as well as copies of outgoing letters to them.
The file contains the following legal documents (English translations unless otherwise stated):
- Copy of the pleading submitted by Nasrat al-Faresi to the President of the First Court of Appeal of the Land Settlement Board, ff 59-76.
- Document listing the various postponements to the Faddaghiyah case, providing dates and grounds for postponement, f 82.
- Copy of the final decision of the Second Court for Land Settlement, Iraq, for the Faddaghiyah Estate, ff 101-102.
- Power of Attorney documents, ff 108-109, 184-185.
- Précis on all the diplomatic and legal proceedings regarding the Shaikh of Kuwait's date gardens since 1927, with index, ff 130-145.
- Memorandum submitted by Nasrat al-Faresi to the Iraqi Court of Cassation regarding the Faddaghiyah Estate, ff 186-188.
- Memorandum submitted by Iskandar Mansur to the Court of Cassation regarding the Faddaghiyah Estate, ff 191-192.
- Various memoranda and documents of security submitted to the Iraqi Courts, ff 197-205.
- Final decision of the Court of Cassation regarding the Faddaghiyah Estate, ff 290-291.
The correspondence is continued under reference IOR/R/15/5/154.
- Extent and format
- 1 file (310 folios)
- Arrangement
The papers are arranged in rough chronological order from the front to the rear of the file.
- Physical characteristics
Foliation: the main foliation sequence (used for referencing) commences at the front cover with 1, and terminates at the inside back cover with 312; 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. Three additional foliation sequences are also present in parallel between ff 1-311, ff 21-103, and ff 182-295; these numbers are also written in pencil, but are not circled.
- Written in
- English in Latin script View the complete information for this record
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Copyright: How to use this content
- Reference
- IOR/R/15/5/153
- Title
- File 2/5 XIV 'SHAIKH'S DATE GARDENS'
- Pages
- front, front-i, 2r:7v, 9r:12v, 14r:20v, 24r:24v, 27r:30v, 34r:34v, 41r:43v, 50r:55v, 77r:83v, 86r:93v, 96r:100v, 107r:107v, 110r:114v, 116r:116v, 121r:122v, 122ar:122av, 123r:145v, 152r:161v, 163r:164v, 168r:168v, 173r:175v, 181r:181v, 193r:195v, 206r:207v, 208ar:208av, 210r:211v, 213r:214v, 217r:222v, 225r:226v, 233r:236v, 241r:244v, 251r:252v, 254r:260v, 263r:271v, 274r:274v, 279r:280v, 282r:283v, 292r:311v, back-i, back
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence