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Reports of the Trust Territory of the Pacific Islands |
"IROIJ LABLAB" MO JITIAM and TOKBAR ISHIGURO;
"ALAB" IOANE T. and "DRI JERBAL" NEIKWOJ, including
all
other members of the "IROIJ", "ALAB", and "DRI JERBAL'S BWIJ"
who
hold any and all interests in the landlease in question, including CHIHAYA
ANMONTA, heir to "IROIJ LABLAB'S" interests in the same land and
lease,
Plaintiffs
v.
ACME IMPORTERS and SHIGERU WASE,
Defendants
Civil Action No. 6-73
Trial Division of the High
Court
Marshall Islands District
August 1, 1974
Action to cancel lease. The Trial Division of the High Court, Turner, Associate Justice, held that issue of cost of lessee's improvements, to be paid lessee by lessor, under the lease agreement, on cancellation of the lease, could, by agreement of the parties, be submitted to arbitration.
1. Arbitration—Trials
In the absence of a statutory prohibition, arbitration may, as a matter of common law, be used to decide a disputed issue of fact at a trial, provided the parties so agree.
2. Arbitration—Arbitration Contracts
An arbitration agreement is a contract and subject to the same rules of law as to interpretation and enforcement as any other contract, and the mere fact that litigants orally agree to submit a question to arbitration does not make the contract any less enforceable.
3. Judgments—Interest
Generally, interest does not run on an unliquidated claim until after judgment, though it may be allowed in special situations from the time of filing of suit.
4. Judgments—Interest
Where lease did not provide for interest to run on the cost of improvements,
to be paid lessee in the event of termination of the
lease, interest could be
recovered only as of the time of judgment, not as of the time of filing of
suit.
Assessors: KABUA KABUA, District Court Presiding Judge,
and MORRIS JALLY, District Court Associate Judge
Interpreters:
OKTAN DAMON and MILTON ZAKIOS
Counsel for Plaintiffs: JOHN R.
HEINE
Counsel for Defendants: JERRY KRAMER
TURNER, Associate Justice
This action involves a lease of valuable downtown property in DUD Municipality, Majuro Atoll, the Marshall Islands District center. The court is called upon to interpret and enforce the lease provisions.
Plaintiffs sought to cancel the lease because of its assignment by the original lessee to the defendants. The defendants seek to recover "the reasonable cost of all improvements . . . . permanently attached to the premises." The lease provides that in the event of the lessors' determination to terminate the lease (for cause, omitted but implied) after notice given:
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