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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' [‎50r] (99/853)

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.

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1282 / 19/46
F7 British embassy,
B agda d.
(±j 23rd December, 1946
Sir,
I as not altogether unprepared for your express letter
M. No ( >71-“S Q f hoven^ber 11th l»st concerning the Shaikh of
Kowai^b r s^ date gardens at Basra. I had already learnt from
His Majesty’s Consul General there that the Shaikh’s share
of this year’s date crop had been lost to him by the
manoueuvres of the tenants* lawyer and the matter was recently
mentioned to the Counsellor of this Embassy by the Sheikh and
Major Tendy. On his return to Basra Mr. Busk learnt
from Judge Good that he had been instructed by the Iraqi
Ministry of uustice to make an enquiry into the matter
following a complaint from the Shaikh’s lawyer.
2. In his complaint to the Ministry of Justice the Shaikh’s
lawyer alleged that the Judge, Andres Asher, who ordered
the cancellation of the attachment order on the date crop,
had been bribed. Judge Good has completed his investigation
and has informed His Majesty’s Cons 1 General in strict
confidence that while there are grave causes for suspicion
of Andres Asher* s actions the allegations underlying the
complaint cannot be proved. I understand that d udge Good
has so reported to the Ministry of austice. The senior
British Judge in Iraq has also followed this business and
has informed Mr. Busk confidentially that though he agrees
with Judge Good’s decision that nothing can be proved against
Andres Asher, he is^rranging with the Minister for his
transfer from BasraZ-fo ct i\
3* I must confess that in these circumstances I see no
action which I can usefully take. I fear that there is
little or no hope of the Shaikh recovering the ID 15000/-
which, it is estimated, he has lost. Even if an action at
law against the Iraqi authorities had been possible I think
that Judge Good’s report makes it clear that it would fail*
Our efforts, it seems to me, must be directed to securing
the Shaikh’s position for the future. I shall continue'to
press the Ministry of Justice to have the appeals by the
tenants against the Land Settlement decisions decided. And
as I understand that a comparatively snail number of decisions
will dispose of nearly all the 2764 cases I have hopes that
the most unfortunate occurrence of this year will not be
repeated.
4* I am sending copies of this despatch to the Political
Agent at Kowait, His Majesty’s Consul General at Basra, to
the External Affairs Department in hew Delhi and to the
Foreign Office.
I have the honour to be,
Sir,
Your obedient Servant,
Lieut-Colonel A.C. Galloway,
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. ,
Bahrain.
os*

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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 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. . 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.

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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' [‎50r] (99/853), British Library: India Office Records and Private Papers, IOR/L/PS/12/2858, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100052612915.0x000066> [accessed 22 November 2019]

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