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File 2/5 XIV 'SHAIKH'S DATE GARDENS' [‎258r] (519/628)

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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. .

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A
"S0|
5
x*-! ?22 ZIU^L •
:).0.No.670-2/5.
&
I^oliuical Agency An office of the East India Company and, later, of the British Raj, headed by an agent. ,
Kuwait,
12th Septenber, 1943.
1 y ^ear '^ir Geoffrey,
^ . Please refer to my telegram No.559 deted the
6th September, 1943.
I visited Pao by launch on lie 7th of Sepier ber
w-iere I was met by Sheikh Lohemnad bin Ahmed. The folio, inr
- v;ent to Sasrah and celled at the Consulate end
Jua^e hood in his chambers in Court, I give below the result
Ox my investigations and consultations,
O v* W *' ^
B.-XIIYAII .
(a) You will recollect that originally I advised
against a suit foi the return of the purchase money and p'-rve
my reeeons for doing so in my leuter No.C/545-2/5 of 4th"
ocuooer, 1941. Lcter after consultation with Ner.&t al Farisi
in -aguuau I revised ;iy opinion and for the reasons stated
in uy telegram No.C/203 of 2nd April, 1943, vms in favour of
Piled. The case was heard in Basrah in August
ohe verdict was given for the defendants. During my
intent lev/ with Judge ^-ood on Wednesday he regretted that thev
heu oeen forced to give the decision against Ills Hi 'hness in^
Basrah and expressed the view that thc"shrikh had
no
iuis statement was volunteered and as X did not feel
could properly question the Judge about a case which
gathered he had himself tried J did not peruse the
a PP? a f ba3 bten lodged in Baghdad but no date of hearinr
nes yet been fi: ed. ^
case,
that I
I
matter.
vby j.n view of the Jud e # s statement and for the
reasons given previously I have little hope that the ca^e
succeed on appeal or on reference to the Court
should such a reference be
V W
to make v. monetary payment
dispossessed of
will
of Cassation
■■■■ necessary and consider.d desirable.
de should therefore be prepared
to the 3halu.h in compensation for his being
property v; e had^guaranteed should remain in his possession,
xn order to i^ti-ate the feeling of chagrin which he will
doubt i eel et our failure to fulfil
our undertaking I
v*iet our monetary payment should bo prompt and
■ no
ionsider
generous.
It
will be recalled that so'far
any request th t the numerous
he
h
has not made
— sums expended by him on lawyers
and in -ourt fees in fighting this long battle for the
Bashiyah should be in whole or i,n part met by :iis Majesty’s
Government. This point should in my opinion be taken into
consiJeration In oemputing the sum to which he will be entitled.
I suggest that
suia due to His liighness in
Judicial verdicts.
*eps os taken nov, to ascertain t
the event of further adverse
he
3.
Hi XCjVCITAH dACC,
.-’Ulainan Jhavvwaf has made a rex^erence to the Court
of Cassation and .'ill run tar the hiaikh’s Baghdad advocate hes
put in a written reply. His Highness’ oase is a stronh
one ^nd it is probable that the verdict will be favourable
■ i
but by/
The Hon’ble
Sir Geoffrey Prior, K.C.I.E.,
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. , Camp Shiraz.

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
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File 2/5 XIV 'SHAIKH'S DATE GARDENS' [‎258r] (519/628), British Library: India Office Records and Private Papers, IOR/R/15/5/153, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100041943432.0x000078> [accessed 25 April 2024]

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