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Colonial Cases

Cornue v. Sheikh, 1932

[land law]

Cornue v. Sheikh

Court of Appeal, Palestine
1932
Source: The Palestine Post, 14 December 1932

 

IN THE COURTS

THE COURT OF APPEAL

Before the Chief Justice, Frumkinn and Khayat J.J.

Fanny Cornue v. Ali el Sheikh and others.

   The hearing of the appeal was continued in this case where the District Court of Jaffa had held that a certain contract of Musket (whereby according to the Mejelle, one person supplies labour and another land and trees, the profits being divided between them) and of the lease which might, under certain conditions such as locusts, floods, etc,, last for a term exceeding 3 years, came under Section 2 of the Land Transfer ordinance, and had to be registered.

   The Court held that lack of registration rendered the whole contract void including a clause which it contained, providing for the appointment of an arbitrator in case of disputer.  Respondents had not concluded their reply when the Court adjourned.

   Mr. Horowitz and Mr. Moyal represented the Appellants; Abcarius Bey, Ragheb Eff. El Imam, Mr. Kawassarsky and Mr. Hoitein for the respondents.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School