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Colonial Cases

Shehab El Din v. Khaduri Darwish, 1933

[declaration]

Shehab El Din v. Khaduri Darwish

Court of Appeal, Palestine
Khaledi and Frumkin JJ, 1933
Source: Source: The Palestine Post, 4 January 1933

 

THE COURT OF APPEAL

Before the Senior Puisne Judge, Mr. Justice Khaledi and Mr. Justice Frumkin.

Shehab el Din v. Khaduri Darwish

(Civil Appeal No. 64/32.)

REQUEST OF UNUSUAL DECLARATION

   The Court of Appeal adjourned this case for 7 days in order to enable Counsel for the Appellant to produce to the court cases which he alleged had been decided in his favour on certain points raised by him.

   This case is an appeal from the District Court of Jaffa, which the Appellant had petitioned to declare that the whole amount of a sum of money was not due from him and payable to the Respondent, although there was a deed of mortgage to that effect, which was in fact being acted upon in the Execution Office.  The case was heard by two Judges and as they were divided in opinion, the case for the Plaintiff, the Appellant in this case, was dismissed.

   Before the Court of Appeal Aouni Bey argued that his client was entitled to the declaration asked for.  Then Court, however, expressed the opinion that this was a most unusual procedure to which the Court would not accede.  But as Aouni Bey was insistent that there were precedents in his favour, the Court would allow him 7 days to produce the cases in question.

   Aouni Bey represented the Appellant' Mr. Kadari the respondent.

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