Mighell v. Sultan of Johore. – [1894] 1 q.b.

Mighell v. Sultan of Johore

Mighell v Sultan of Johor

Principle: Foreign sovereign shall be treated as independent sovereign and therefore have immunity form local jurisdiction.

Diplomatic immunity.

Fact: The Sultan’ s sovereign status was an issue in a court case in England. When Miss Mighell sued a certain Albert Baker (Sultan of Johor), travelling incognito in the United Kingdom) for breach of promise of marriage, the Court granted the Sultan as an “independent sovereign” immunity from jurisdiction. The decision was based on a letter from the Secretary of State for the Colonies stating that “generally speaking, [the Sultan] exercises without question the usual attributes of a sovereign ruler.” This further demonstrates the British recognition of the Sultanate of Johor as an independent State.

Issue: whether sultan Johor will get diplomatic immunity or not?

Decision: Sultan Johor will get the diplomatic immunity as an “independent sovereign

Reasoning: The Court granted the Sultan as an “independent sovereign” immunity from jurisdiction

Rayhanul Islam

The author is an original thinker; often challenges the regular rule of conduct considering various perspective on the basis of scientific reasoning to ensure the peace and prosperity of the society. He works as freelancer advocate and promotes legal knowledge and human right concept to the root level. The author is also a tech enthusiast and web developer, he loves psychology as well.

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