"ملف ٣٢/٢ قضايا أمام محاكم قضائية أجنبية" [و‎‎٣‎٧‎٢] (٧٥٥/٧٣٧)

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Irc\r •
Ministry of Justice.
Baghdad, k:5th August 1928.
The Legal Secretary to
His Excellency the High Commissioner for Traq,
Baghdad.
^enorandura.
Reference your lTo.854G dated 16th July, 1928.
I have examined certain cases from the Basrah Court
in which sons of Ahdul ^ziz el Hukhazim. are concerned • The
Shaikh of Ku 'ait claims exclusion jurisdiction over these cases.
The point taken by the Political Resident, Bushire,
is based on the following presumption of facts as set out
verbatim^ from letter dated 30th of June, 1928, viz
that ‘‘that if a Kuwait subjects file a suit against another
Kuwait subject in an Iraq Court bn a purely Kuwait matter
(i.e. where the subject matter in dispute and tha defendants „
are in Kuwait and tha cause of action arose wholly in Kuwait )
Iraq Court should decline to entertain the case. * 1 '*
There are four cases in Basrah Civil Court and
nothing in the 3hara^ Court in which the sons of Abdul ** هذه التواريخ تقريبية .ciz el
Mukhaizim are concerned and in all of them the facts are
contrary to the assumption made by the Political Resident for
in each case the defendant was in Iraq.
(a)
Ali bin Abdul Aziz el Kakhaizim filed a case against
Saud ibn Abdul ~ziz resy n S Zubair ^or Rs. 1713/8/-
In this case the plaintiff was in Iraq, made a Power
of Attoreney at Basrah and filed the suit against his brother
residing in Iraq who is duly served in -*ubair and attended
to the Court.
(b) Baud ibn Abdul -*ziz el Kukhaizim the above defendant
filed a case against his brother ^li residing at Kubair. Ali
was served at -ubair and gave a Power of Attorney at Basrsh
to his advocate. This power of attorney states he was
residing at Aubair.
The case concerns a Hawalla for Rs.4000/- drawn by