Monday, July 19, 2010

1969 2 CA page223-256

ANISMINIC LTD. V FOREIGN COMPENSATION COMMISSION AND ANOR

 By S4 (4) of the  Foreign Compensation Act 1950:"The determination by the Commission of any application made to them under this Act shall not be called in question in any Court of law"

By Article 4(1)  in Part III of the Foreign Compensation (Egypt) ( Determination and Registration of Claims)  Order 1962:

" The Commission shall treat a claim under this Part of the Order  as established if the applicant satisfies them of the following matters:-

(a) that his application refers to property in Egypt which is referred to in Annex E

(b) if the property referred to in paragraph (1) (a) or paragraph (2) of Annex E

(i) that the applicant is the person referred to in paragraph (1) (a) or in paragraph (2) , as the case may be as the owner of the property or is the successor in title of such person; and

(ii) that the person referred to aforesaid  and any person who became successor in title  of such person on or before February 28  1959 were British Nationals on October  31 1956 and February  28 1959;

(c) if the property is referred to in paragraph (1) (b)  of Annex E

(i) that the applicant was the owner on October 31 1956 , or at the option of the applicant, on the date of the sale of the property at any time before February 29, 1959 , by the Goverment of the United Arab Republic under the provisions of the  Egyptian Proclamation No.5 of November 1,1956 , or is the successor in title of such owner ; and

(ii) that the owner on october 31 1956, or on the date of such sale, as the case may be, and any person who became successor in title  of such owner  on or before February 29, 1959 were British  Nationals on october 31 1956 and February 28 1959."

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