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Coll 17/8(6) 'Date gardens of the Sheikh of Koweit in Iraq: discharge of HMG's liability in respect of possession and exemption from taxation' [‎13r] (25/853)

The record is made up of 1 file (425 folios). It was created in 21 Nov 1938-10 Feb 1948. 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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(UOi>y of a translation of a lottipr from Shaikh
ad ao bubah. Basra dated tho 1st ifecornbor, 1947 to
Highness the fiulor of Ku vait) •
Tha lawyer returnod from Ba^hd^id today. The case was
not heard because the lawyer Sulaiman Shawwai had approached
the Ministry of Justice to transfer the cases to the Basra
Court to which ho (the Minister of Justice) abroad and the
hearing has therefore been transferred to the Basra Court f
os Your Hi^nesB will see from the enclosed order of the
Ministry oi Justice sotting aside their preyicus order in
which tney decided that the cases should be transferred to
the Baghdad court, We have already paid the expenditure to
tiie clerk for transferring the documents of the cases from
the Basra to the Bt^hdad Court according to the request of
the Assistant Chief Jud&e to me. The Ministry of Justice
has now docidod to transfer the eases to the Basra Court
where wo anticipated some perversion of justice (The ^urabio
word also sug ;eets corruption of the ^u*^e3) resulting in the
passing of a jui^emant against us. The lawyer also rears
tMs,
Nasrat al-F&resi, the lawyer in Bcujhdad, on learning
of the transfer of the cases to the Basra Court 9 has
informed us that he does not accept the first contract on the
grounds that he agreed to attend tho hearing of the can os in
Baghdad only. He ie now asking for on additional fee of
I.D.2000 of which I,D,1000 is payable in advance and the
balance to be paid when the case -ws be n decided in our
favour, I now await Your Highness 1 orders as to whether
Your Hi^iness agrees or not so that X May tell him.
Our lawyer informs me that when ho was in Baghdad he
met the Judge who was to have heard our oases and tha judge
told him that Bulaiman Shewwaf had asked him to come to an
understanding and a number of oeopie intorceeded with hir/i
to oase a decree against us but he would not agree, When he
(Suleiman dhawwaf) failed and could find no method (to ggyT^.t
corrupt) the aboye-mentionod judgo he applied for transfer
of the cases to Basra in collusion with* the Ministry of
Justine,
How Bir, matters are nearing a conclusion and. as
there ia no British Judge in the Basra Courts and the Chief
Judge of Basra Liwa ia an Iraqi, anything may It is
therefore necessary to take all precautions with the help of
our frianda (the British) and without any delay. This is
what our lawyer says and the decision rests with Your Highnes
' Copy of the Ministry of Justice's Order of
the 26th ivovember, 1947,
V.'ith referencf* to thin Ministry's decree Mo,Vl4/2
dated the 11th June 9 1947
In accord one a with the appointment of Bayed Abdulkadir
as Chief Justice of the Basra Court of Appeal of the kind
Settlement in co-operation with Bayed Muhmood Izzat abdul-
salam. Deputy Chief Justice of the Basra Court of Aopeal.
to
httiix the aijjeal cuaes concerniji.,, the 'jiote"' 108 . 21 .2^123^4^
25 26. ^ 20 of the FeeJfahS - District of AhSMSUb
Hied against Shaikh Ahmed al-Jabir as-dubah and his partners
oo^u frder Oi-Jicela our Order Mo.D/3/1/568 dated the >
29th October, 1947,
Sd/- Minister of Justice,
Copy forwarded to Chief Justice of the appeal Court, Chief

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Content

This file is a continuation of IOR/L/PS/12/2857. It contains papers regarding the following: legal cases brought against the Shaikh of Kuwait (Shaikh Aḥmad al-Jābir Āl Ṣabāḥ) in respect of the ownership of date garden properties in Iraq; the subsequent institution of Land Settlement Procedure to determine the ownership of the gardens; and questions of compensation to be paid to the Shaikh of Kuwait in respect of a) property lost through litigation, and b) income lost through the imposition of Istihlak tax. The file also contains a small number of documents regarding compensation to be paid to the heirs of the Shaikh of Mohammerah in respect of Istihlak tax.

The file primarily consists of correspondence between 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 Foreign Office, HM Embassy at Baghdad, 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 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. . It discusses: the method of calculation to be used in determining compensation payments; legal advice to be provided to the Shaikh; the seizure of the Shaikh's Fao properties, and disposal of the date crops by the tenants; and proposals to end the Government's liability for the Shaikh's date garden properties.

The file also contains communications received from the Shaikh of Kuwait, the Shaikh's son and acting representative in Basra (Shaikh Muḥammad Āl Ṣabāḥ), the Shaikh's lawyers, and the Government of Iraq. These primarily inform HMG Her or His Majesty’s Government in London. of developments with the cases, and concern changes in the Shaikh's legal team.

The following legal documents can be found within the file:

The file also contains a number of documents regarding the wording of the 1914 pledge made by HMG Her or His Majesty’s Government in London. to the Shaikhs of Kuwait and Mohammerah, at folios 262-275. A précis of the proceedings of the date garden cases, with index, can be found at folios 114-129.

The file contains dividers which give details 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 (425 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 front cover with 1, and terminates at the last folio with 426; 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 2-425; these numbers are also written in pencil, but are not circled.

Written in
English in Latin script
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Coll 17/8(6) 'Date gardens of the Sheikh of Koweit in Iraq: discharge of HMG's liability in respect of possession and exemption from taxation' [‎13r] (25/853), British Library: India Office Records and Private Papers, IOR/L/PS/12/2858, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100052612915.0x00001c> [accessed 29 March 2024]

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