Sabu v Military Governor of Jaffa

• Jurisdiction: Bermuda
• Judgment Date: 06 September 1949
• Date: 06 September 1949
• Docket Number: Case No. 166
• Court: Court of Appeal (Bermuda)

Israel, Supreme Court (sitting as the High Court of Justice).

Case No. 166

Sabu

and

Military Governor of Jaffa.

Belligerent Occupation — Judicial Powers of the Occupant — Power of Governor to Decide on Civil Dispute Unrelated to Safety of the Army or Maintenance of Public Order — Hague Convention No. IV — Military Occupation of Palestine Territory Originally Outside the State of Israel.

The Facts.—This was a reply to an order nisi calling upon the respondent to show cause why his decision that the applicant vacate certain premises in Jaffa should not be rescinded. The applicant had been allocated by the Custodian of Abandoned Property two rooms, separated by a third room which, together with a hall, had been allocated to an Army officer. The applicant had entered into a written contract with the Custodian, to whom he was paying rent. Disputes having arisen between the applicant and the officer, both complained to the Military Governor of Jaffa, who decided personally to try and settle the matter. Having failed to produce an agreed solution of the difficulty, the Military Governor then...