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Jitiam v Konou [1986] TTLawRp 3; 8 TTR 541 (13 May 1986)

8 TTR 541

IROIJ MO JITIAM, NEILORA LARRING, and BELJA ANEO, Appellants

v.

LANGILON KONOU, Appellee

Civil Appeal No. 413

Appellate Division of the High Court

Marshall Islands District

May 13, 1986

Appeal from final judgment of trial court on complaint and petition for injunctive relief seeking to confirm alab rights to wetoes. The Appellate Division of the High Court, Munson, Chief Justice, affirmed the trial court judgment, which provided that alab and dri jerbal rights belong to appellee on both wetoes and provided that appellee receive two-thirds of all rents accrued.

1. Property-"Alab" Rights-Particular Cases

On a complaint and petition for injunctive relief seeking to confirm alab rights to wetoes, evidence presented supported trial court's determination as to proper distribution of rents between the parties.

2. Courts-Jurisdiction-Active Trial

On a complaint and petition for injunctive relief seeking to confirm alab rights to wetoes, trial court properly denied motion to transfer the case to the Marshall Islands courts based on determination that the case was still in active trial.

3. Limitation of Actions--Land Title Officer's Determination

Failure to appeal a land title officer's determination within one year will bar a litigant from contesting that determination.

4. Property-"Alab" Rights-Particular Cases

On a complaint and petition for injunctive relief seeking to confirm alab rights to wetoes, trial court properly recognized validity of katleb arrangement based on determination of land title officer in 1959.

Before MUNSON, Chief Justice, LAURETA *, Associate Justice, BENSON**, Associate Justice

* United States District Court Judge, District of the Northern Mariana Islands, designated as Temporary Associate Justice by the United States Secretary of the Interior.