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Traditional Rights Court of the Marshall Islands |
IN THE TRADITIONAL RIGHTS COURT
REPUBLIC OF THE
MARSHALL ISLANDS
CIVIL ACTION NO. 1997-069
NEIMAKO JAMOMO, BEKAUR JUDA,
and ROSETINA
TIES,
Plaintiffs,
vs
LIJELKE JENRE,
Defendant.
OPINION
The Traditional Rights Court heard Civil Action No. 1997-069 on September 10 thru 12, at the Uliga Courthouse, Majuro, Marshall Islands. Members of the panel were Beia Lalej, Chief Judge, Associate Judge Riley Albattar, and Associate Judge Berson Joseph.
This case was referred to the Traditional Rights Court to decide, pursuant to the custom, who the proper person is as between the parties herein to hold the "Alab title". This Court recognizes that the custom is invaluable here, and only the custom can resolve the dispute in this case.
THE CUSTOM
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1. MENMENBWIJ
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There are two types of bwij(lineage):
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a) Kone-Jubar
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(Children of the females) A Kone-Jubar will not lose his rights on
the lands until or unless the bwij has become extinct.
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b) Liok Tit
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(Children of the males) These children succeed to rights or inherit
through their fathers.
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Custom changes custom – if the bwij becomes extinct then the rights
passes on to the children of the males. This is true also
for "botoktok"
lands.
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2. METAK IN BURU
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Likinjeion, Lajawit's wife was a very beautiful woman. Both parties are in
agreement that Iroijlablab Dime took this woman (by his
power) from Lajawit to
be his wife. Both parties also agree that Iroijlablab Dime made a KATLEB
of Bar Island to Lajawit to be his under the customary term, "METAK IN
BURU".
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3. KOKAJIRIRI
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A child taken and raised as one's very own, as a "kanilujen".
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SUMMARY OF THIS CASE:
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A. The question presented:
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Who is the most proper person to hold the Alab right on Bar Island?
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a) Opinion in answer to the question: LIJELKE JENRE.
b) Statement of reasoning on which opinion is based:
1) At trial, the parties herein both introduced testimonies that Bar Island was a "METAK IN BURU" given to Lajawit by Iroijlablab Dime. This means that Bar Island was the exclusive property of Lajawit and ONLY his assignees.
2) Lajawit was unable to father any children, therefore, he adopted NEIKOJ and raised her as "kani-lujen." According to the Defendant's genealogy chart, Exhibit A, it is clear that Bar Island is not bwij owned. Accordingly, the proper person to hold the alab right on Bar Island is Lijelke Jenre because she is now the next person in the recognized line of succession which started with Lajawit.
3) Leroij Chihaya Anmonta, the present iroij for Bar Island today, recognizes not only that Lijelke Jenre is the iroij edrik, but also that she is the holder of the alab and dri-jerbal rights on Bar Island.
4) Plaintiffs' Exhibit No. 1 itself shows that they are the bwij, and all the bwij rights inherited through LITALIMEJ are in their hands. Litalimej and Lajawit were brother and sister having the same parents. However, Bar Island did not belong to their bwij, but because Iroijlablab Dime had given it to Lajawit under the principle of METAK IN BURU, then exclusive rights went solely to Lajawit. True, if Bar Island was Litalimej's, the "bwij", then would inherit Bar Island today. There is no questioning that.
c) Names and addresses of Plaintiffs' witnesses:
1. Bailon Namdrik
Rita, Majuro, Marshall Islands
2. Iroij Lometo Laria
Delap, Majuro, Marshall Islands
3. Jabjen Laninmij
Delap, Majuro, Marshall Islands
4. Rosetina Ties
Uliga, Majuro, Marshall Islands
d) Names and addresses of Defendant's witnesses:
1. Alej Leit
Mili Atoll, Marshall Islands
2. Leroij Chihaya Anmonta
Uliga, Majuro, Marshall Islands
3. Lijelke Jenre
Rita, Majuro, Marshall Islands
4. Boklon Anmonta
Utidrikan, Majuro, Marshall Islands
B. Defendant's Exhibit C:
Despite the fact that Civil Action No. 1997-069 concerned only the alab title, but the issue of the iroij was dominant during a full day and half of testimonies. The Plaintiffs' witnesses testified and stated that following the reign of Dime up to the present there has been no iroij for Bar Island.
In Defendant's Exhibit C, a judgment in Civil Action No. 78, Lanjen vs. Laninmij, entered May 12, 1959, the High Court adjudged that Leroij Lanjen was the iroij for Bar Island. Presently, Leroij Chihaya Anmonta is the current successor of the iroijlablab who held this title on Bar Island.
Therefore, the Traditional Rights Court supports the judgement in Civil Action No. 78 and thus recognizes Leroij Chihaya as the iroij for Bar Island today.
Furthermore, based on all the foregoing, this Court likewise recognizes Lijelke Jenre as the alab for Bar Island today.
Dated this 1st day of October, 1997.
BEIA LALEJ, Chief Judge
Traditional Rights
Court
Republic of the Marshall Islands
RILEY ALBATTAR, Associate Judge
Traditional
Rights Court
Republic of the Marshall Islands
BERSON JOSEPH, Associate Judge
Traditional
Rights Court
Republic of the Marshall Islands
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