Sabu v Military Governor of Jaffa

• Jurisdiction: Bermuda
• Judgment Date: 06 September 1949
• Docket Number: Case No. 166
• Date: 06 September 1949
• 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upon the respondent to show cause why his decision that the applicant vacate certain premises in Jaffa should not be rescinded.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 issued a “decision” and an “order” directed to the applicant. This order purported to be issued by virtue of the powers vested in the respondent “as military governor of the occupied area of Jaffa”; it contained a statement to the effect that non-compliance with its terms would be regarded as a military offence. It was delivered to the applicant on April 10, 1949. He immediately applied to the High Court of Justice for an order nisi, which was issued on April 28. Furthermore, on April 17 an injunction was issued forbidding the respondent to enforce compliance with his order. However, the injunction was issued after the applicant had already been evicted.

Jaffa was not part of the original territory of the State of Israel, but on September 2, 1948, the Minister of Defence proclaimed it to be a part of Palestine held by the Defence Army of Israel, under the Area of Jurisdiction and Powers Ordinance, 1948.

Held: that the order nisi must be made absolute, with costs against the respondent. Despite the fact that the order of the respondent had been executed, the Court would, exceptionally in this case, intervene in order to decide the principal question of the authority of the respondent to issue and execute the order. The powers of a military governor in occupied territory were limited by Hague Convention No. IV of 1907 and were to be used only so far as was necessary for the...