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Gaamew v You [1959] TTLawRp 5; 2 TTR 98 (6 August 1959)

TRIAL DIVISION OF THE HIGH COURT

YAP DISTRICT

Civil Action No. 19

GAAMEW

Appellant

v.

YOU

Appellee

August 6, 1959

See, also, 2 T.T.R. 264.

Action to recover damages allegedly caused to plaintiffs crops by defendant's cow. On appeal from Yap District Court judgment for plaintiff, the Trial Division of the High Court, Chief Justice E. P. Furber, held that evidence in record was insufficient to support judgment as to amount of damages and that new trial would be granted to allow both sides to cover issue more fully by evidence.

Remanded.

1. Civil Procedure-Parties Without Counsel

Although party has right to proceed without counsel if he desires, he has obligation to make honest and sincere effort to comply with requirements of law and practice so far as he knows them or has them brought to his attention by court.

2. Civil Procedure-Parties Without Counsel

Party proceeding in court without counsel has obligation to be respectful and reasonably considerate of court and should not substitute repeated argument for proof.

3. Civil Procedure-Generally

Courts in Trust Territory should modify usual trial procedure when substantial justice so requires.

4. Civil Procedure-Parties Without Counsel

When party proceeds in court without counsel or with inexperienced counsel, court should see that party is not prevented by ignorance or inadvertence from introducing important evidence readily available to him.

5. Civil Procedure-Parties Without Counsel

Adherence to usual trial procedure should not prevent introduction of evidence after usual time for it if court is convinced party who is proceeding without counsel or inexperienced counsel is honestly endeavoring to proceed as properly as he knows how.

6. Civil Procedure-Damages

Defendant in civil action is entitled to have matter of damages introduced in usual way and with full right of cross-examination even if admitted later than usual.

FURBER, Chief Justice

This is an appeal from a judgment in favor of the appellee for damages alleged to have been caused to his crops by the appellant's cow.

ISSUES INVOLVED