Limbin Hteik Tin Lat v Union of Burma

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

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...