Home | Databases | WorldLII | Search | Feedback Reports of the Trust Territory of the Pacific Islands

  Download original PDF

Liema v Lojbwil [1962] TTLawRp 4; 2 TTR 364 (16 November 1962)

TRIAL DIVISION OF THE HIGH COURT

MARSHALL ISLANDS DISTRICT

Civil Action No. 159

LIEMA

Plaintiff

v.

LOJBWIL

Defendant

November 16, 1962

Action to determine alab of three wato on Bikarej Island, Arno Atoll. The Trial Division of the High Court, Chief Justice E. P. Furber, held that where iroij lablab has recognized successor to deceased alab, and party who claims such decision was wrongful and unjust presents only unclear and inconsistent evidence, decision of iroij lablab, when reasonable and fair, will prevail.

Marshalls Land Law-"Iroij Lablab"-Powers

Under Marshallese custom, where there is doubtful situation as to land rights in which iroij lablab is expected to make reasonable determination, and his decision is reasonable and fair, it will prevail.

FURBER, Chief Justice

OPINION

This action involves the ownership of three wato in the Marshall Islands which are admittedly under Iroij Lablab Loben (sometimes spelled "Leben"). It is also admitted that Loben has recognized, or "crowned", the plaintiff Liema as alab of the three wato in question. The defendant Lojbwil claims that this decision was wrongful and unjust.

The plaintiff Liema claims to be alab on the basis of a clearly established blood relationship to the former alab, which shows her to be senior by blood to the defendant Lojbwil and his sister Libojin. The defendant Lojbwil claimed at the pre-trial conference that his sister Libojin was the alab of all three wato, as shown in the pre-trial order which he agreed to before the trial started. At the trial, however, he changed his story as to Mejalto wato, and made claim on a very different theory as to that wato, inconsistent with his sister Libojin's testimony, and now claims that he himself is the alab of that wato. His testimony as to the succession of alabs even for the other two wato varies in important respects from his sister's and from his claim as stated at the pre-trial conference. He relies in part on an alleged will of the former alab Likottar, which he says himself was later changed by Likottar and the iroij lablab, who was alleged to have approved it, and which the defendant admits was not carried into effect by that iroij lablab on Likottar's death. Neither the defendant, nor his sister, can satisfactorily reconcile the succession of alabs they allege with the theory as to the past ownership of alab rights on which they base their principal claims. If they are right at all there must have been a series of special arrangements, the details of which are not now at all clear.

It appears to the court that this is clearly one of those doubtful situations in which the iroij lablab is definitely expected to make a reasonable determination and that his determination in this instance was reasonable and fair and, therefore, should prevail in accordance with the principles discussed by this court in the Conclusions of Law in the case of Lalik v. Elsen, 1 T.T.R. 134.

JUDGMENT

It is ordered, adjudged, and decreed as follows:-

1. As between the parties and all persons claiming under them, the plaintiff Liema (whose name is sometimes written "Emma"), who lives on Bikarej Island, Arno Atoll, Marshall Islands District, is the alab on Mejalto, Bokeen, and Ajenlik wato, all located on Bikarej Island, Arno Atoll, Marshall Islands District, and the defendant Lojbwil, who also lives on Bikarej Island, has only dri jerbal rights in these three wato.

2. The plaintiff Liema, however, is only entitled to collect the alab's share from these wato from the time she was recognized as alab by Iroij Lablab Loben in July 1961.

3. This judgment shall not affect any rights of way that may be over the lands in question.

4. No costs are assessed against either party.