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Coll 17/8(4) 'Shaikh of Kuwait's date gardens: litigation in Iraq Courts regarding the Faddaghiyah estate' [‎71r] (141/1185)

The record is made up of 1 file (591 folios). It was created in 3 Dec 1937-14 Sep 1943. 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.

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A • Ji;' V ^
- •
(E 7972/456/93)
H. iV i
7S00
. EOREIJK OFFICE, S.W.l.
Stn December, 1941.
^ (J) ' ii 7&
$Uc<
tl*
IlM
Dear Peel,
You v/ere sent at the time of receipt copies
of two telegrams from Bagdad about the service on the
Sheikh of Kov/eit of documents connected with appeals
from the recent decisions of the Land Settlement
Officer in Iraq.
2. The despatch from the Foreign Office to Bagdad
to which 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. refers (see our official
letter E 2198/18/93 to you of the 27th April, 1936) was
written before we put forward our proposals for a
comprehensive settlement. In it we said -
(a) that the argument that the Iraqi courts were
not entitled to entertain actions relating to land
in Iraq when the defendant is a foreign sovereign,
did not hold water, but (b) that since we were
under an obligation to safeguard the Sheikh^
possessions, we were not going to make things
easier for the other side by serving documents
on the Sheikh through the diplomatic channel:
the Iraqis were in our view failing to fulfil
their obligations to ensure fulfilment of our
promises to the Sheikhs and if the Sheiks v/ere
dispossessed in actions His Majesty’s Government
would claim compensation from the Iraqi Government.
That was in April, 1936. In July, 1936, we made our
comprehensive proposals, under which we offered to
accept the decisions of the Land Settlement officer
and any modifications which might result from
subsequent/
-8DE€'|
INDIA C 'PICE
R.T• peel, Lsq., G.B.L., M.G.

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Content

This file is a continuation of IOR/L/PS/12/2855. It contains papers regarding legal cases brought against the heirs of Shaikh Mubārak Āl Ṣabāḥ (the Shaikh of Kuwait) by Abdullah bin Issa Pasha Al Zuhair, concerning the ownership of the date garden properties known as the Faddaghiyeh, the Bashiyeh and the Fao.

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 Historically used by the British to refer to the sea area between the Arabian Peninsula and Iran. Often referred to as The Gulf or the Arabian Gulf. , 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 Treasury, 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 letters received from the Shaikh of Kuwait (Shaikh Aḥmad al-Jābir Āl Ṣabāḥ), the Shaikh's son and acting representative in Basra (Shaikh Muḥammad Āl Ṣabāḥ), and the Shaikh's lawyers, Ahmed Rushidi Bey [Aḥmad Rashīdī Bey] and Abdul Jalil Partu, as well as copies of outgoing letters to them.

The papers cover the period 1937-1943, and the following topics: the service of summons on the Shaikh of Kuwait by the Basra Courts; the provision of legal assistance to the Shaikh; the identity of the various heirs to the estate of Shaikh Mubarak Al Sabah; cases found for and against the Shaikh of Kuwait; appeals lodged at the Basra Courts on behalf of the Shaikh of Kuwait; and arrangements to compensate the Shaikh of Kuwait and the Shaikh of Mohammerah for losses sustained via indirect taxation on the date garden properties.

The file also concerns attempts by HMG Her or His Majesty’s Government in London. to have the Faddaghiyah cases referred to a Land Settlement procedure, in a bid to halt any lawsuits and finally determine the ownership of the gardens.

The file also contains the following reports and legal documents (English translations unless otherwise stated):

  • Petition filed by Abdulla bin Issa Pasha Al-Zuhair, before the Basra Court of Instance against the heirs of Shaikh Mubarak Al-Sabah, ff 484-489.
  • Statement of pleading submitted by Ahmed Rushidi and Abdul Jalil Partu on behalf of the heirs of Mubarak Al Sabah to the Basra Court of Instance, ff 433-440.
  • Statement of the Defence in reply to the Plaintiff's memorandum, arguing that the case falls outside the jurisdiction of the Court, ff 394-404.
  • Note submitted by the Defence to the President of the Court of First Instance, Basra, ff 363-393.
  • Additional memorandum prepared by Ahmed Rushidi Bey and Abdul Jalil Partu, submitted to the court of First Instance, ff 337-348.
  • English and Arabic versions of the third defence memorandum submitted to the Court of First Instance, ff 288-311.
  • Copy of a judgement from the Court of Cassation, in its capacity as Court of Appeal, regarding disposal of cases to Land Settlement (October 1936) ff 256-258.
  • Copy Judgement of the Basra Court of Instance in suit No. 373/1932, ff 260-265.
  • Note on a conversation with Saiyid Yusuf al Kabir on the Faddaghiyah case; with copy of the surety statement, ff 219-224.
  • English and Arabic documents regarding a dispute over the wording (in Arabic) of a legal document, ff 180-192.
  • Second Statement of Appeal in Case No. 373/932 submitted by Partu to the Court of First Instance, Basra, ff 140-154.
  • Notices announcing the commencement of Land Settlement proceedings, published in Al Waqa'i Al-Iraqiyya , ff 91-93.
  • Judgement of the Court of Cassation, referring the case to the Land Settlement Committee, dated 19 Rabi' al Thani 1358 [7 June 1939], ff 98-99.
  • Final decision of the Second Court for Land Settlement, Baghdad, File Nos. 224, 225, 226, 227, 228 and 229/1941, ff 11-12.

The file continues with Collection 17/8 part 5, reference IOR/L/PS/12/2857.

The file includes dividers which give lists of correspondence references contained in the file by year. These are placed at the end of the correspondence (folios 2-4).

Extent and format
1 file (591 folios)
Arrangement

The papers are arranged in rough chronological order from the rear to the front of the file.

Physical characteristics

Foliation: the foliation sequence (used for referencing) commences at the inside front cover with 1, and terminates at the last folio with 592; 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. An additional foliation sequence is present in parallel between ff 2-591; these numbers are also written in pencil, but are not circled.

Written in
English and Arabic in Latin and Arabic script
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Coll 17/8(4) 'Shaikh of Kuwait's date gardens: litigation in Iraq Courts regarding the Faddaghiyah estate' [‎71r] (141/1185), British Library: India Office Records and Private Papers, IOR/L/PS/12/2856, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100046231422.0x000090> [accessed 13 November 2019]

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