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  • West Rand Central Gold Mining Company, Limited V. THE KING (1905) 2 K.B. 391

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    Marcus John
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    The West Rand Central Gold Mining Company filed a petition claiming that gold confiscated by South African Republic officials before the Boer War should now be the responsibility of the British government since Britain conquered and annexed the territories of the Republic. The trial court rejected this claim. On appeal, the Court of King's Bench held that international law does not make a conquering state automatically liable for the financial obligations of the conquered state incurred before conquest, unless stipulated. As such, the Company's claims could not be enforced against the British Crown through a petition of right in a domestic court as the petition did not establish a valid right against the Crown.

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    The West Rand Central Gold Mining Company filed a petition claiming that gold confiscated by South African Republic officials before the Boer War should now be the responsibility of the British government since Britain conquered and annexed the territories of the Republic. The trial court rejected this claim. On appeal, the Court of King's Bench held that international law does not make a conquering state automatically liable for the financial obligations of the conquered state incurred before conquest, unless stipulated. As such, the Company's claims could not be enforced against the British Crown through a petition of right in a domestic court as the petition did not establish a valid right against the Crown.

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    © All Rights Reserved
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    85 views2 pages

    West Rand Central Gold Mining Company, Limited V. THE KING (1905) 2 K.B. 391

    Uploaded by

    Marcus John
    The West Rand Central Gold Mining Company filed a petition claiming that gold confiscated by South African Republic officials before the Boer War should now be the responsibility of the British government since Britain conquered and annexed the territories of the Republic. The trial court rejected this claim. On appeal, the Court of King's Bench held that international law does not make a conquering state automatically liable for the financial obligations of the conquered state incurred before conquest, unless stipulated. As such, the Company's claims could not be enforced against the British Crown through a petition of right in a domestic court as the petition did not establish a valid right against the Crown.

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    © All Rights Reserved
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    WEST RAND CENTRAL GOLD MINING COMPANY, LIMITED v.

    THE KING [1905] 2 K.B. 391


    Facts:
    West Rand Central Gold Mining Company, Limited, filed a petition of right alleging that,
    before the outbreak of the Boer War between the late South African Republic and Great
    Britain, gold, the produce of a mine in the Republic owned by the Company, two parcels of
    gold (the produce of a mine in the Republic owned by the Company), were confiscated by the
    officials, acting on behalf of the Government of the Republic.
    The Plaintiff claimed that the Government by the laws of the Republic was liable to return the
    gold or its value to it but as the Boer War took place and it led to the conquest and annexation
    of the territories of the Republic by Great Britain, so now the obligation of the Government
    of the Republic towards the Company in respect of the gold was now binding upon His
    Majesty the King.
    This claim was rejected by the Trial Court after which an appeal against its decision was
    submitted before the Court of King’s Bench.
    Judgement:
    Lord Alverstone C.J. held that;
    There is no principle of international law by which, after annexation of conquered territory,
    the conquering State becomes liable, until and unless it stipulates, to discharge financial
    liabilities of the conquered State incurred before the conquest.
    And it was established beyond all doubt that international law is not part of the common law
    of England, and that the claims of the Company cannot be enforced by petition of right.
    Also, the petition disclosed no right on the part of the Company, which could be enforced
    against His Majesty in any Municipal Court.
    Judgement Criticized:
    Although, West Rand Central Gold Mining Company, Limited was registered in Great
    Britain under the Companies Acts, owning and working a gold mine in His Majesty’s
    Transvaal Colony, which was acquired by Great Britain after the war, was refused by the
    Crown to be compensated for the gold taken from it.

    To: Prof. Dr. Muhammad Ata ur Rehman.


    By: Misbah Nazim Khan.
    Class: BA.LLB (VIII) Section: D.
    BL No: (1331).
    SZABUL.

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