Coll 17/8(1) 'Shaikh of Koweit: Date Gardens of the Sheikh in Iraq' [144r] (292/1452)
The record is made up of 1 volume (721 folios). It was created in 17 Aug 1932-31 Jan 1934. It was written in English and Turkish. 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.
^ 13 %
: n
!
Minute Paper.
political Department.
Please see the submission of 12th June, flagged
B oelow, on tne subject of the Koweit Date Gardens. 1
Consequent on the discussion reported in that
submission (tiie oldie ini record of which will be
found on P.Z.3848/33 flagged) the telegrams on
P.Z.3772/33 mere sent to the Charge d’Affaires at
Bagdad. As will he seen, in telegram No. 110 of 24th
June we asked the Charge d’Affaires to obtain as soon
as pobsiole legal advice on lour points hearing on the
ndsavours to dispossess the Sheikh from his Bashiye
and Faddaghiyeh estates.
2* On 17th June the Charge d*Affaires reported to'
the Foreign Office (despatch No.389 on P.Z.4131/33)
that as the result of further investigation he was
satisfied that the present day value of the gardens,
even on a generous calculation, was well helow the
original price, ana therefore if trie Sheikh was
dispossessed and could recover
than to-day’s market value; and finally - an important
point - that in the view of his legal advisers a
j
claim for profits on the part of successful claimants ,
to the property would fail in view of the fact that
no action had been taken by them during the 25 years
of the Sheikh’s occupation.
3. The Embassy’s reply to the questions referred
to it for legal opinion by the Foreign Office will be
found on P.Z.4299/33 (Bagdad despatch No.433 of 6th
July). The legal advisers are of opinioni-
(a) that in 'the Bashiyeh case, despite trie
fact that one claimant has obtained a decree in her
favour/
171 2b 5000 3/33
About this item
- Content
The volume consists of extensive correspondence, memoranda and reports regarding the Faddaghiyeh Estates of the Shaikh of Kuwait, changes made to their tax-exempt status, and lawsuits regarding their ownership.
The records provide details of the lawsuits brought against the Shaikh of Kuwait in the Iraqi courts by the heirs of the previous owners of the Bashiyeh and Faddaghiyeh properties. These rested on claims that the original sales were not correctly registered with the Tapu Department under the old Ottoman Law, as the Shaikh had refused to take out Turkish nationality papers. The file also concerns changes to the tax-exempt status of the date gardens, following the instigation of the Istihlak tax by the Government of Iraq. Questions arose as to whether the Government of Iraq was obligated to guarantee the tax-exempt status originally granted by HM Government ( HMG Her or His Majesty’s Government in London. ), and whether HMG Her or His Majesty’s Government in London. was obligated to compensate the Shaikh for loss of revenue. The correspondence on file primarily concerns attempts by British Officials to defend the Shaikh's status as owner of the date gardens, and discussions about possible compensation.
The principal correspondents and authors are: the High Commissioner for Iraq (Francis Henry Humphrys), the Colonial Office, the Foreign Office, 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 (Harold Richard Patrick Dickson), 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. (Hugh Vincent Biscoe), HM Ambassador to Iraq, HM Counsellor to HM Embassy, Iraq (Sir George Arthur Ogilvie-Forbes), and the Legal Secretary to the High Commissioner for Iraq (John Harry Barclay Nihill). The volume also contains translations of letters received from the Shaikh of Kuwait (Aḥmad al-Jābir Āl Ṣabāḥ), his Basra Agent (Abdul Aziz as Salim al-Badr), his lawyer (Jacob Gabriel), and the Government of Iraq.
The following reports and legal documents appear within the volume:
- Memorandum prepared by the Judicial Advisor to the High Commissioner for Iraq (G Alexander), regarding attempts made to deprive the Shaikh of Kuwait of certain of his date gardens, ff 658-679.
- Translation of judgement No. 77/930, issued on 30th December 1931 by the Court of First Instance, Basrah; and translation of decree No. 66/932 dated 9 May 1932, issued by the Court of Appeal, Baghdad, for service on the Shaikh of Kuwait, ff 634-644.
- Short histories of the Shaikh of Kuwait's Bashiyeh and Faddighiyeh gardens on the Shatt al Arab from the time of their purchase to date, written 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, ff 621-629.
- List of persons to be served with legal documents from the Court of First Instance, Basrah, f 533.
- 'The Date Gardens in Iraq of the Sheikhs of Koweit and Mohammerah. Scope of Undertakings given by HM Government in 1914. Case for the Opinion of the Law Officers of the Crown, and Opinion Thereof', ff 458-476.
- Explanatory notes with accompanying sketch map of the Faddaghiyeh Estate, ff 205-209.
- English translations of the four Tapu deeds connected with the Faddaghiyeh Estate dispute (deeds originally dated August 1915), ff 90-99.
- Copy power of attorney document, written in Turkish, issued by the TC Asliye Mahkemesi Altinci Hukuk Dairesi 6 [Turkish Republic Civil Court of First Instance, 6th Law Department] on the 15 Ramandan 1326 [1908] in favour of Ahmet Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. Kazim Azzubair, ff 78-80.
The file continues with Collection 17/8 part 2, reference IOR/L/PS/12/2854.
The volume includes dividers which give lists of correspondence references found within the volume by year. These are placed at the end of the correspondence (folios 4-5).
- Extent and format
- 1 volume (721 folios)
- Arrangement
The papers are arranged in rough chronological order from the rear to the front of the volume.
- Physical characteristics
Foliation: the main foliation sequence (used for referencing) commences at the inside front cover with 1, and terminates at the inside back cover with 723; 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. Two additional foliation sequences are also present in parallel between ff 4-721, and ff 695-721; these numbers are also written in pencil, but are not circled.
- Written in
- English and Turkish in Latin script View the complete information for this record
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Copyright: How to use this content
- Reference
- IOR/L/PS/12/2853
- Title
- Coll 17/8(1) 'Shaikh of Koweit: Date Gardens of the Sheikh in Iraq'
- Pages
- front, back, spine, edge, head, tail, front-i, 2r:22v, 24r:41v, 43r:72v, 74r:78v, 81r:88v, 90r:100v, 104r:112v, 114r:155v, 157r:159v, 163r:168v, 170r:198v, 200r:289v, 293r:310v, 312r:462v, 467r:467v, 469v:531v, 534r:596v, 598r:613v, 615r:618v, 620r:633v, 645r:678v, 680r:705v, 717r:718v, 722r:723v, back-i
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence