!['File 53/11 XVII (D 146) Kuwait Date Gardens' [‎7r] (32/456)](https://iiif.qdl.qa/iiif/images/81055/vdc_100000000193.0x0001d8/IOR_R_15_1_499_0032.jp2/full/!1200,1200/0/default.jpg "'File 53/11 XVII (D 146) Kuwait Date Gardens' [‎7r] (32/456)")
'File 53/11 XVII (D 146) Kuwait Date Gardens' [7r] (32/456)
The record is made up of 1 volume (224 folios). It was created in 26 Oct 1938-31 Mar 1939. 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.
7
- 2 -
of August 1915* 1 *hilG the case was pending the plaintiff
died and his sole legal heirs were his wife Hafsa who gets
one share arid his son Kemal who gets 7 shares, and as Kemal
is mad he was represented tyr Sulaiman Al-Shawwaf # Lawyer,
as a fully authorized guardian f in aooorclance with the
Judgement of Trusteeship of 10«5»35 The proceedings took
place agalAst Hamad and AMulla sons of Shaikh liubarak, and
Ahiaed, Hamud, Mariam and dhaikhah neirs of Shaikh Jahir,
and AMulla, Jahad, SuTsah, 3il)i and Leelwah heirs of Shaikh
Salim, and Suoah and Bazzah heirs of Shaikh Nasir, while
represented, and against Hurah and TiOinirah heirs of Shaikh
Nasir, while un-represented # The plaintiff was represented
"by Sulaiman Al-Shawwaf and Ha J id Al-Eaw^vi, and the defendenti
were represented "by Lawyer AMul J alii Pertow.
The defence of the defendentst-
(1) That Kuwait is an independent Ami rate under the
Protection of Britain, and that is in accordance with a
special agreement between Britain and the Amirate of Kuwait, |
that the said Aiuirate decended to his son Shaikh Jahir
Al-Uu"barak Al-3ubah, and thence to his g®and-son Shaikh
Shaikh Ahmed Al-Ja'bir Al-Subah, therefore, according to
international law, the dispute Incomes outside the scope of
jurisdiction of the Courts, and that it "becomes purely a
matter of state, and that accordingly the dispute hecomes
one between Great Britiin and Iraa# and that there is in
existance a treaty "between Britain and Iraq, under which
the Iraq. Government took over responslblity of the
undertakings made "by Britain.
(2) The defence "by the Indian and Oivil Passage of
Time Law, as more than fifteen years have passed in which
time the plaintiff could have put his claim and could have
proved the legality of it "by personal proofs. That the
pro ^erties were registered in the names of the defendents
according to an order issued by the Inspector of finance
on 14tti August 1916 and numbered 504, and that it was an
order by a competent authority, and that in view of the
About this item
- Content
This file contains correspondence between British officials regarding date gardens in southern Iraq owned by the rulers of Kuwait and Mohammerah. In particular, the correspondence concerns the Government of Iraq's decision to end the immunity from taxation (on the gardens) that had been granted by the British Government to the former ruler of Kuwait, Shaikh Mubārak Āl Ṣabāḥ and the Shaikh of Mohammerah, Khaz‘al bin Jābir al-Ka‘bī in return for their military support against the Ottoman Empire in World War 1.
The file contains details of a case in the court of Basra brought against Shaikh Aḥmad al-Jābir Āl Ṣabāḥ, the ruler of Kuwait, by Abdulla Al Zuhair/Az-Zuhair [‘Abdullāh al-Zuhayr] including a copy of the judgement of the court - that went against Shaikh Aḥmad. Details regarding the subsequent appeal process against the court's decision are also discussed in the file including details concerning a disagreement about the wording (in Arabic) of a legal document. Gerald Simpson DeGaury, the British 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 Kuwait consulted John Van Ess, member of the Arabian Mission and a well-known Arabist for his opinion in this matter.
The file contains copies of correspondence between Shaikh Aḥmad and his lawyer in Basra, Abdul Jalil Partu as well as correspondence between British officials and the Iraqi government. It also includes discussions concerning the final financial settlement the British government intended to offer Shaikh Ahmad in compensation for losses caused since 1932 (and future losses).
The file closes with reports that Shaikh Ahmad's estates in Fao (The Al Faw Peninsula) and Faddaghiya have been seized - with force - by the Iraqi authorities and his lawyer, Abdul Kalil Partu has been conscripted.
- Extent and format
- 1 volume (224 folios)
- Arrangement
File is arranged in chronological order, from earliest at beginning of the file to most recent at end.
An index of topics included in the file is contained on folio 1E.
Serial numbers in red crayon refer to entries in the notes at the rear of the file.
- Physical characteristics
Condition: Formerly a bound correspondence volume, the file's sheets have been unbound and are now loose.
Foliation: The file's foliation sequence commences at the front cover and terminates at the back cover; these numbers are written in pencil, and can be found 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. Folio 12 is omitted.
The file contains the following foliation 1, 1A, 1B, 1C, 1D, 1E and 1F; 5 and 5A; 177 and 177A
- Written in
- English and Arabic in Latin and Arabic script View the complete information for this record
Use and share this item
- Share this item
'File 53/11 XVII (D 146) Kuwait Date Gardens' [7r] (32/456), British Library: India Office Records and Private Papers, IOR/R/15/1/499, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023608953.0x000021> [accessed 13 September 2024]
https://www.qdl.qa/en/archive/81055/vdc_100023608953.0x000021
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_100023608953.0x000021">'File 53/11 XVII (D 146) Kuwait Date Gardens' [‎7r] (32/456)</a> <a href="https://www.qdl.qa/en/archive/81055/vdc_100023608953.0x000021"> <img src="https://iiif.qdl.qa/iiif/images/81055/vdc_100000000193.0x0001d8/IOR_R_15_1_499_0032.jp2/full/!280,240/0/default.jpg" alt="" /> </a>
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_100000000193.0x0001d8/manifestOpen in Universal viewerOpen in Mirador viewerMore options for embedding images
Copyright: How to use this content
- Reference
- IOR/R/15/1/499
- Title
- 'File 53/11 XVII (D 146) Kuwait Date Gardens'
- Pages
- 6r:11r
- Author
- Court of Instance, Basra
- Usage terms
- The copyright status is unknown. Please contact [email protected] with any information you have regarding this item.