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'File 53/11 XVII (D 146) Kuwait Date Gardens' [‎93r] (202/456)

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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. .

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53/11
S.
His Majesty^s Ambassador, Bagdad.
Polit ical Resident, at Muscat. No.4.
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. No.4#
Secretary of State for Foreign Affaira,
London. No. 50.
Government of India, External Affairs Department,
New Delhi. No.2.
Dated 7tii received the 8th February, 1939.
V-
a
My telegram No.l.
j British Judge on Court of Appeal has given
confidentially following account of fiiut. of Faddaghiyah
case yesterday morning.
Ministry of Finance having confirmed that property
in question was situated within Fao Nahiyah judges were
evident^ly prepared to follow precedent of judgment enclosed
in my letter of November 3rd and to transfer case to Land
Settlement. However when case opened opposing lawyer pleaded
that appeal was not valid as security for costs (which has to
accompany all appeals) was incorrectly worded (point was that
document declared surety would accept all liability for costs
instead of that he accepted all liability, i.e. future tense
m s used instead of present). Court admitted this plea and
rejected appeal.
British judge agrees that this was proper and
unavoidable decision and attributes gjs gross ignorance or
complicity to shaikh's lawyer for having drafted document
as he did. Privately he indicates one possible loophole.
Judgment given by Court of First Instance at Basrah has not
yet been served on four of the forty-four defendants. Shaikh
/lawyer

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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
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'File 53/11 XVII (D 146) Kuwait Date Gardens' [‎93r] (202/456), British Library: India Office Records and Private Papers, IOR/R/15/1/499, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023608954.0x000003> [accessed 30 October 2024]

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