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Ladrik v Labiliet [1973] TTLawRp 49; 6 TTR 389 (20 November 1973)

6 TTR 389

TAIDRIK LADRIK, et al., Plaintiffs

v.

LABILIET AND JOAB JAKEO, Defendants

and

ROBERT REIMERS, LIEOEN LOMAK, Successor to LAKAMO,

deceased, and HENRY SAMUEL, Third-Party Defendants

Civil Action No. 449

Trial Division of the High Court

Marshall Islands District

November 20, 1973

Class action seeking to have certain land law customs pertaining to "Jebrik's side" of Majuro Atoll upheld. The Trial Division of the High Court, D. Kelly Turner, Associate Justice, held that transfers of interest without approval of those holding iroij lablab authority, and transfer trying to switch such authority over the land to another iroij lablab, were invalid.

1. Marshalls Land Law-Generally

It is traditional land law in the Marshall Islands that the iroij lablab, or the iroij elap, in the western chain, must approve of or acquiesce in any transfer of land interest before it is valid, and if lineage land is to be transferred, the approval of the iroij erik, alab and dri jerbal must also be obtained, prior to obtaining the approval of the iroij lablab or iroij elap.

2. Courts-High Court

The Trial Division of the High Court is bound by the Appellate Division's decisions, which it may not under any circumstances change or reverse.

3. Marshalls Land Law-"Jebrik's side" of Majuro--Transfers

Any change in the special arrangement made by the Japanese regarding land transfers on "Jebrik's side" of Majuro Atoll, continued in effect by 1 TTC § 105, which the Appellate Division held itself to be bound by, is for the legislative authority, not the courts.

4. Marshalls Land Law-"Jebrik's side" of Majuro

Purchasers of land on "Jebrik's side" of Majuro Atoll were bound by custom requiring holders of iroij lablab authority to approve land transfers, and they could not change iroij lablab authority over the land and "go out" of "Jebrik's side" to place the land under authority of another iroij lablab.

TURNER, Associate Justice

At the time set for trial it appeared to the court, and counsel for the parties agreed after discussion, that there was no substantial issue of material fact and that a decision could be made without trial upon the applicable law. The buyers of the land in question, the third-party defendants, had answered to confirm their interest purchases in accordance with the pretrial memorandum and order, except the defendant Samuel. Counsel stipulated he had purchased land interest from the two defendants.

In support of the allegation of sale to Samuel and his intent to transfer the land sold from "Jebrik's side" to "Kaibuke's side" of Majuro Atoll, plaintiff introduced a letter from Samuel to the alab and dri jerbal of two of the wato Samuel attempted to purchase the iroij erik interests in, demanding ekkan, meaning tribute of food and other gifts to the iroij to be made to iroij Lablab, Joba Kabua, successor title bearer on Kaibuke's side of Majuro.

The defendants introduced a petition containing 98 names, which included the two original defendants, to the effect the signers did not agree with plaintiff's claim in the action. This list was filed in accordance with the pretrial order permitting any "land interest holder on Jebrik's side to withdraw from the class action brought by plaintiff in behalf of all land interest holders on Jebrik's side." There was no showing who of the petition signers actually held land interests, but in view of the agreement that this case should be disposed of by summary judgment it was not necessary that further showing be made.

The undisputed facts are not complex. Briefly, they are:-

(1) The defendant Labiliet sold the three interests of iroij erik, alab, and dri jerbal for Kumor wato on Long Island to Robert Reimers.
(2) The defendant Joab Jakeo sold the three interests of iroij erik, alab, and dri jerbal for Berrachwot wato in Rita to Lakamo, now deceased, whose successor is Lieoen Lomak.
(3) Defendant Labiliet sold the three interests of iroij erik, alab, and dri jerbal for Eneko Island to Henry Samuel.
(4) Defendant Joab sold the iroij erik rights for Mwinbijenro and Likweloken wato to Henry Samuel. (This was the land from which Samuel, as iroij erik, demanded ekkan in behalf of Iroij Joba Kabua.)

[1] None of the transfers were approved by the droulul, the 20-20 or the government, each being the holder of iroij lablab authority on "Jebrik's side". It is the traditional land law in the Marshall Islands that the iroij lablab, or iroij elap as he is known in the relik (western) chain of islands, must approve or acquiesce in any transfer of land interest before it is valid. Prior to obtaining consent of the ultimate authority, the iroij lablab, the person seeking to transfer a land interest must consult with and obtain the approval of the other lesser titleholders, iroij erik, alab, and dri jerbal when kabijukinen land, (lineage land ) is to be effectively transferred. However, the custom is that the iroij lablab must in all circumstances approve termination or transfer of land interests.

In Neikabun v. Mute, 5 T.T.R. 493, 495, the general rule, with citations, of the authority of the iroij lablab is stated:-

" . . . Marshallese customary land law (is) that a transfer of land interests must be approved, in all circumstances, by the iroij lablab. Limine v. Lainej, 1 T.T.R. 231; Lalik v. Elsen, 1 T.T.R. 134; Lajeab v. Lukelan, 2 T.T.R. 563; Muller v. Maddison, 5 T.T.R. 471."

In Makroro v. Kokke, 5 T.T.R. 465, this court said:"

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