Gordon-Smith J:

This is Summons in Chambers No. 564/1947 dated 11 October 1947, arising out of the above Originating Summons which was filed on 14 April previously.Considerable difficulty had been experienced in the service of the Originating Summons and eventually a conditional appearance was filed on 8 October 1947 on behalf of His Highness Sir Ibrahim the Sultan of Johore but which was without prejudice to an application to set aside the Originating Summons and all proceedings therein.This Summons in Chambers asks for the above relief on the ground "that the Honourable Court has no jurisdiction over His Highness Sir Ibrahim the Sultan of Johore who is a sovereign ruler.

Eventually this summons was adjourned into Open Court for argument and was heard on 15 to 18 March 1949 inclusive.

Before considering these authorities it is necessary to refer to the claim set out in the Originating Summons and the facts.This Origination Summons prays, on behalf of the Applicants Abubakar Tungku Aris Bendahara, the second son of His Highness, and two other trustees, namely, HW Cowling and GH Garlick, being the persons aggrieved by a Japanese decree dated 18 June 2605 [1945] and made in Originating Summons No. 24 of 2605 [1945] by the Syonan Kotohoin at Syonan-to (being the Japanese Court of the Judge at Singapore), praying for an Order that such Decree be set aside wholly or that the Applicants be at liberty to appeal against the whole of such Decree on the grounds therein set forth. I am not concerned with the merits of this Originating Summons at the present time, but from the affidavits filed in support some of the following facts appear to be relevant:

(1) In 1903 His Highness by an Indenture of Conveyance conveyed to the then Sultanah of Johore, Rugiah, in fee simple two properties situate in the Island of Singapore;

(2) In 1926 Rugiah died intestate and Letters of Administration were granted by the Supreme Court of the Straits Settlements to Tungku Abubakar, who was entitled under the intestacy to three-fourths of her estate, His Highness as her husband, being entitled to one-fourth.

(3) On 22 December 1926 by Indenture of Settlement made between His Highness and Tungku Abubakar those two properties were conveyed to His Highness upon the Trusts therein declared and His Highness declared that he would stand possessed of the property upon trust, for the eldest daughter of the said Tungku Abubakar during her life and after her decease upon Trust for any of her issue living at her decease.The beneficial interest in this Trust property is now vested in the Applicants to the Originating Summons as Trustees.

(4) By an Originating Summons dated 3 May 2605 [1945] His Highness applied to the Court at Singapore and swore a long affidavit in support, in accordance with the Rules of Court, asking for construction of the terms of these two Indentures.His Highness was the plaintiff in the suit and the Custodian of Enemy Property, Syonan, the defendant.There was no appearance by the defendant and the matter was argued ex parte. Judgment was delivered on 18 June 1945, the effect of which was incorporated in a formal Order of Court of the same date, ruling that the two Deeds were invalid and that the two properties mentioned reverted to His Highness as the sole beneficial owner thereof.

As I have said, I am not concerned with the merits or otherwise of this Japanese judgment.When this present Summons in Chambers came on for hearing it was adjourned in the first instance, in order that information might be obtained from His Majesty's Secretary of State for the Colonies, the question asked being "whether His Highness the Sultan of Johore is or is not an independent sovereign ruler" In due course the Secretary of State replied by letter dated 9 June 1948.The contents of this letter were communicated to the parties concerned and they made a request for further information upon the question "whether His Highness was an independent sovereign ruler at