Limbin Hteik Tin Lat v Union of Burma

• Jurisdiction: Japón
• Date: 09 June 1954
• Court: District Court (Japan)

Japan, District Court of Tokyo.

Limbin Hteik Tin Lat

and

Union of Burma

Consuls — Position and functions of — Authority to represent State in civil proceedings — Service of writ — The law of Japan.

Jurisdiction — Exemptions from — Foreign States — Waiver of immunity — Extent of jurisdiction with regard to immovables situate in State of forum — Authority of Consul to represent State in civil proceedings — Service of writ — The law of Japan.

The Facts.—The claimant filed with the Court an application for provisional disposition to determine the provisional status of a piece of land to which he claimed title. The land in question, situated next to the premises of the Burmese Consulate-General in Tokyo, was actually purchased in 1944 by A. (third party in the present case), father-in-law of the claimant and the then Burmese Ambassador to Japan. The claimant purchased the land in question in 1953 from the wife and daughter of A., who were his joint legal successors under Burmese law. He came to Japan, obtained delivery of the land then in the possession of the administrator, and completed the registration of the transfer on the ground of purchase.

The respondent, the Government of the Union of Burma, was of the view that the purchase of the land in question was made by A. in his capacity as agent of the respondent, so that the title to the land belonged to the latter. The respondent sought a provisional disposition for striking out of the registration, which the Court granted. The claimant thereupon filed with the Court the present application for provisional disposition in order to prevent disturbance to his title and possession of the land.

The point at issue before the Court was whether a Japanese court had jurisdiction in a case in which the respondent was a foreign State.

Held: that the claim must be upheld.

The Court said: “The respondent, the Union of Burma, is known to the Court to have achieved independence a few years ago; it has a Government and controls a certain territory and its people, and has its consuls stationed in this country. In the absence of proof of the existence of special circumstances, such as the fact that the Union does not exercise exclusive control over its territory and its people, the Union must be recognised as a foreign State for the purposes of civil proceedings, even if Japan has not recognised it.

“A State is not subject to the exercise of power by another State, and therefore is not subject to the jurisdiction of...