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File 2/5 XV 'SHAIKH'S DATE GARDENS' [272r] (543/732)
The record is made up of 1 file (364 folios). It was created in 13 Dec 1943-16 Apr 1947. 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. .
Transcription
This transcription is created automatically. It may contain errors.
No.C.A.7
POLITICAL
AGENCY
An office of the East India Company and, later, of the British Raj, headed by an agent.
, KUWAIT,
(camp) Karachi,
Dated 6th August, 1946.
To
The Secretary to the Eon’ble
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.
,
Persian Gulf
The historical term used to describe the body of water between the Arabian Peninsula and Iran.
,
B U S H I R R.
Subject:
Memorandum.
It is understood that the Shaikh’s son Mohammed
and his la^vyer In Basra are much handicapped in this liti
gation by the present Iraqi law goTOming the registration
of instruments execrated outside Iraq.
2. Such instruments are accepted by Iraqi courts if
they are countersigned by the Iraqi Consul in the State in
which they were executed . Until 1941 they were also
accepted if countersigned in the absence of an Iraqi Consul
by the Minister of Justice of the foreign State, but in
1941 the relevant law was amended to read M Minister of
Justice of Iraq H . The Iraqi courts will therefore not
now accept documents countersigned 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 and they must all be sent to the Ministry of Justice
in Baghdad for countersignature.
3. The Sheikh’s lawyer is certain that somewhere in
the law of Iraq His Majesty’s representatives empowered
to represent Iraqi interests in countries where Iraq is
not represented but he has been unable to find any such
enactment. If he cound find and quote the relevant law,
it would be possible for him to demand that instruments
executed in Kuwait and countersigned 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.
in the absence of an Iraqi Consul, should be accepted by
the Courts, and this would be of considerable assistance
to him.
4. No information on the subject is available in this
office, but it seems probable that the Embassy at Baghdad
might be able to assitet us.
About this item
- Content
This file is a continuation from IOR/R/15/5/153. 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 or seek compensation for their loss. The majority of the file concerns the Fao estate, discussing: the progress of a number of appeals and counter appeals regarding ownership; dealings with the Fao municipality and the Mudir of Fao regarding their occupation of the gardens; the refusal of the Shaikh's tenants to gather the date crop; the passing of legislation giving the tenants the right to reclaim river land adjacent to the Shaikh's property; and negotiations with the Basra Port Directorate for the lease of land within the Fao property. The papers also discuss: the Shaikh's court appeal seeking return of the purchase money for Bashiyah property, and later attempts to bid for the land at auction; and changes in the Shaikh's legal representation at Basra.
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. , and 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. 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, Iskandar Mansur, and Hasan Abdul Rahman), as well as copies of outgoing letters to them.
The file contains the following legal documents and case notes (English translations unless otherwise stated):
- Court of Appeal decision regarding the Bashiyah, f 65.
- English and Arabic copies of a court document regarding the Fao properties, ff 90-91.
- Estimates of the present and pre-war values of the Shaikh's land at Bashiyah, ff 120-121.
- English and Arabic copies of inheritance documents issued by the Sharia Court of Kuwait, plus Power of Attorney documents, ff 124-132, 136-139, 140-142, 152-155, 192-205, and 325-331.
- An updated précis of the date garden lawsuits and their status at the time, ff 262-264.
- A précis of proceedings and Government correspondence regarding the date gardens, ff 276-278, and 333.
The correspondence is continued under reference IOR/R/15/5/155.
- Extent and format
- 1 file (364 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 366; 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. Additional foliation sequences are also present in parallel between ff 15-157; these numbers are also written in pencil, but are not circled.
- Written in
- English and Arabic in Latin and Arabic script View the complete information for this record
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File 2/5 XV 'SHAIKH'S DATE GARDENS' [272r] (543/732), British Library: India Office Records and Private Papers, IOR/R/15/5/154, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100049317906.0x000090> [accessed 24 April 2024]
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Copyright: How to use this content
- Reference
- IOR/R/15/5/154
- Title
- File 2/5 XV 'SHAIKH'S DATE GARDENS'
- Pages
- 271r:272v
- Author
- Government of Iraq
- Usage terms
- The copyright status is unknown. Please contact copyright@bl.uk with any information you have regarding this item.