Skip to item: of 1,452
Information about this record Back to top
Open in Universal viewer
Open in Mirador IIIF viewer

Coll 17/8(1) 'Shaikh of Koweit: Date Gardens of the Sheikh in Iraq' [‎471r] (946/1452)

This item is part of

The record is made up of 1 volume (721 folios). It was created in 17 Aug 1932-31 Jan 1934. It was written in English and Turkish. 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.

Apply page layout

that this was not done because the Turkish Government wanted a
declaration that the Sheikh of Kuwait was a Turkish subiect where
as he is independent under the protection of Britain On the
4th of May 1931 (probably an error for 4.7.1931) defendant put in
letter fom Oalterkhana Istana to Dafterkhana Basra ordering him
to do the registration on the lines of the communication from the
Prime Minister. He also filed a translation of letter from
Prime Minister Mahmud Shawkat Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. to Ministry of Finance
Istana ordering it to carry through the business of Sheik of Muham-
mera and that of the Qaimmaqam of Kuwait if they admit that
they were Turkish subjects and agree to have this endorsed in
the Sanads. During the hearing on 9.7.31 the plaintiff filed an
argument in writing which recapitulates the points on which he
relies.
13. I have set out at length the points made by plaintiff
and defendant because at the rehearing no additional pleadings
were filed and the case proceeded on these original proceedings and
on the arguments recorded in the “ dhabt ” i.e. record of the case.
You will notice that there does not appear to be raised the matter
of limitation on which you have laid so much stress but in fact
in the second hearing this point was expressly raised and re
corded in the “ dhabt ” and formed the main grounds of appeal
taken in the second appeal.
14. At this stage I will set out the dates of the different
decisions. They are :
14.4.31 claim dismissed by Mr. Hooper for lack of prosecution.
This is a very ordinary step in a case and I see no reason to comment
on the remarks of the defendant’s agent to the effect that at that
date i.e. before judgment, Mr. Hooper was convinced of the justice
of defendant’s case and for that reason plaintiff withdrew her
power of attorney from her advocate and allowed the case to be
dismissed for default. If Mr. Hooper really was unwise enough
to shew his intentions before giving final judgment, it is quite
understandable why the plaintiff dropped the case but I really
have no grounds on which to say that this was the reason why the
plaintiff dropped the case. There may be a dozen reasons.
On 6.5.31 the plaintiff applied to continue the case by opposi
tion to the judgment of dismissal. The case was heard on the
7th of July 1931 by the Vice-president and the judgment was
given on 15.7.1931, in favour of the defendant i.e. of the Sheikh
of Kuwait dimissing the case on the ground that an action must
firstly be hied to cancel the deed of sale of the 21st Muharram before
any action could be hied based on ownership claiming mana’
mu’aradha. So far as the allegation of the Sheikh of Kuwait
against the bona hdes of the Iraqi judges is concerned, I cannot see
that he can complain of this judgment in his favour but I now draw
your attention to fact that although Mr. Hooper was known to
be leaving Basrah no application was made to me as President
Court of Cassation by Mohammed Effendi Wasfi, the Sheik’s ad
vocate, to transfer the case to another court. If the Sheikh s agent
had then any reason to suspect an intrigue either with lawyers
or with Government officials I find it difficult not to suppose that
he would have gone to the British Consul and information brought
to me or after I went on leave to Mr. Drower who acted for me.
15. I attach copy of judgment of the Civil Court of First
Instance Basrah which I paraphrase as follows: The defendant
relies on a contract of sale which purports to transfer ownership
to him. The plaintiff relies on inheritance through the person
who made the Sanad of sale. Therefore the plaintiff cannot claim
ownership until he has cancelled the sale, she must therefore first
file an action to cancel the Sanad. If that succeeds, she may then
claim in respect of the share of the estate which she has inherited

About this item

Content

The volume consists of extensive correspondence, memoranda and reports regarding the Faddaghiyeh Estates of the Shaikh of Kuwait, changes made to their tax-exempt status, and lawsuits regarding their ownership.

The records provide details of the lawsuits brought against the Shaikh of Kuwait in the Iraqi courts by the heirs of the previous owners of the Bashiyeh and Faddaghiyeh properties. These rested on claims that the original sales were not correctly registered with the Tapu Department under the old Ottoman Law, as the Shaikh had refused to take out Turkish nationality papers. The file also concerns changes to the tax-exempt status of the date gardens, following the instigation of the Istihlak tax by the Government of Iraq. Questions arose as to whether the Government of Iraq was obligated to guarantee the tax-exempt status originally granted by HM Government ( HMG Her or His Majesty’s Government in London. ), and whether HMG Her or His Majesty’s Government in London. was obligated to compensate the Shaikh for loss of revenue. The correspondence on file primarily concerns attempts by British Officials to defend the Shaikh's status as owner of the date gardens, and discussions about possible compensation.

The principal correspondents and authors are: the High Commissioner for Iraq (Francis Henry Humphrys), the Colonial Office, the Foreign Office, 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 (Harold Richard Patrick Dickson), 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. (Hugh Vincent Biscoe), HM Ambassador to Iraq, HM Counsellor to HM Embassy, Iraq (Sir George Arthur Ogilvie-Forbes), and the Legal Secretary to the High Commissioner for Iraq (John Harry Barclay Nihill). The volume also contains translations of letters received from the Shaikh of Kuwait (Aḥmad al-Jābir Āl Ṣabāḥ), his Basra Agent (Abdul Aziz as Salim al-Badr), his lawyer (Jacob Gabriel), and the Government of Iraq.

The following reports and legal documents appear within the volume:

  • Memorandum prepared by the Judicial Advisor to the High Commissioner for Iraq (G Alexander), regarding attempts made to deprive the Shaikh of Kuwait of certain of his date gardens, ff 658-679.
  • Translation of judgement No. 77/930, issued on 30th December 1931 by the Court of First Instance, Basrah; and translation of decree No. 66/932 dated 9 May 1932, issued by the Court of Appeal, Baghdad, for service on the Shaikh of Kuwait, ff 634-644.
  • Short histories of the Shaikh of Kuwait's Bashiyeh and Faddighiyeh gardens on the Shatt al Arab from the time of their purchase to date, written by 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, ff 621-629.
  • List of persons to be served with legal documents from the Court of First Instance, Basrah, f 533.
  • 'The Date Gardens in Iraq of the Sheikhs of Koweit and Mohammerah. Scope of Undertakings given by HM Government in 1914. Case for the Opinion of the Law Officers of the Crown, and Opinion Thereof', ff 458-476.
  • Explanatory notes with accompanying sketch map of the Faddaghiyeh Estate, ff 205-209.
  • English translations of the four Tapu deeds connected with the Faddaghiyeh Estate dispute (deeds originally dated August 1915), ff 90-99.
  • Copy power of attorney document, written in Turkish, issued by the TC Asliye Mahkemesi Altinci Hukuk Dairesi 6 [Turkish Republic Civil Court of First Instance, 6th Law Department] on the 15 Ramandan 1326 [1908] in favour of Ahmet Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. Kazim Azzubair, ff 78-80.

The file continues with Collection 17/8 part 2, reference IOR/L/PS/12/2854.

The volume includes dividers which give lists of correspondence references found within the volume by year. These are placed at the end of the correspondence (folios 4-5).

Extent and format
1 volume (721 folios)
Arrangement

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

Physical characteristics

Foliation: the main foliation sequence (used for referencing) commences at the inside front cover with 1, and terminates at the inside back cover with 723; 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. Two additional foliation sequences are also present in parallel between ff 4-721, and ff 695-721; these numbers are also written in pencil, but are not circled.

Written in
English and Turkish in Latin script
View the complete information for this record

Use and share this item

Share this item
Cite this item in your research

Coll 17/8(1) 'Shaikh of Koweit: Date Gardens of the Sheikh in Iraq' [‎471r] (946/1452), British Library: India Office Records and Private Papers, IOR/L/PS/12/2853, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100047240764.0x000093> [accessed 28 March 2024]

Link to this item
Embed this item

Copy and paste the code below into your web page where you would like to embed the image.

<meta charset="utf-8"><a href="https://www.qdl.qa/en/archive/81055/vdc_100047240764.0x000093">Coll 17/8(1) 'Shaikh of Koweit: Date Gardens of the Sheikh in Iraq' [&lrm;471r] (946/1452)</a>
<a href="https://www.qdl.qa/en/archive/81055/vdc_100047240764.0x000093">
	<img src="https://iiif.qdl.qa/iiif/images/81055/vdc_100000000602.0x00018b/IOR_L_PS_12_2853_0946.jp2/full/!280,240/0/default.jpg" alt="" />
</a>
IIIF details

This record has a IIIF manifest available as follows. If you have a compatible viewer you can drag the icon to load it.https://www.qdl.qa/en/iiif/81055/vdc_100000000602.0x00018b/manifestOpen in Universal viewerOpen in Mirador viewerMore options for embedding images

Use and reuse
Download this image