Hermios v Wase [1997] MHHC 1; Civil Action 1994-011 (30 April 1997)

IN THE HIGH COURT OF THE
REPUBLIC OF THE MARSHALL ISLANDS
MAJURO

CIVIL ACTION 1994-011

IROIJLAPLAP MURJEL HERMIOS
and HEMMY LANGMOS,
Plaintiffs

vs

BRENSON WASE, MINISTER FOR INTERNAL AFFAIRS
& THE GOVERNMENT OF THE MARSHALL ISLANDS,
Defendants

vs

LITOKWA TOMEING,
Intervenor

SUMMARY OF THE CASE

Both courts, the High Court and the Traditional Rights Court, sitting in joint session, heard this Case. High Court Associate Justice James Plasman, Pro Tempore, and Chief Judge Beia Lalej, Associate Judge Berson Joseph and Associate Judge Riley Albertter, members of the Traditional Rights Court Panel.

Hearings dates from 21 - 25 of April 1997, at the Courthouse in Uliga, Majuro, Marshall Islands. (NOTE: Actual court proceedings commenced on the 22nd. The reason for the delay was to allow more time for the parties to work out a settlement. However, no settlement was reached.)

ACTION TAKEN:

1.

(a) The QUESTION as presented: Who holds both the ALAB and DRIJERBAL rights in and to Weto Telnan and Weto Monaktal?

(b) OPINION IN ANSWER TO THIS QUESTION: Both the Alab and Drijerbal rights in and to Weto Telnan and Monaktal were held by Iroijlaplap Tomeing.

(c) BRIEF REASONINGS ON WHICH THE OPINION IN ANSWER TO THIS QUESTION IS BASED:

1) Iroijlaplap Tomeing personally approached and asked Alab Lajinwa and Didmij, the Drijerbal, to give him Weto Ekmouj as his Imon Jerbal. After his request was granted, the Iroijlaplap renamed the weto from EKMOUJ to TELNAN.

2) Monaktal Weto was bought by Iroijlaplap Tomeing with the money he received from the Japanese as payment for their use of Telnan.

3) Evidence presented proved that Iroijlaplap Tomeing had lived on and cleaned and maintained both wetos.

(d) NAMES OF PLAINTIFF'S WITNESSES AND THEIR ADDRESSES:

1. Litokwa Tomeing (Plaintiff)

Majuro, Marshall Islands

2. Kamba Lakijohn

Wotje, Marshall Islands

3. Kaname Yamamura

Majuro, Marsahall Islands

4. Rimios Hermios

Majuro, Marshall Islands

5. Iroijlaplap Murjel Hermios

Majuro, Marshall Islands

(d) NAMES OF DEFENDANT'S WITNESSES AND THEIR ADDRESSES:

1. Hemmy Langmos (Defendant)

Majuro, Marshall Islands

2. Thelma Netwan

Majuro, Marshall Islands

2. EXHIBITS OR OTHER DOCUMENTS RECEIVED INTO EVIDENCED

1. Plaintiff's No. 1 Will of Iroijlaplap Langmos

2. Plaintiff's No. 2 Deposition of Kottar Kamram

3. Plaintiff's No. 3 Deposition of Kapital Labwidrik

4. Plaintiff's No. 4 Determination of Iroijlaplap Murjel Hermios

5. Defendant's No. 1 Copy of pages from Iroij Book

6. Defendant's No. 2 Payment receipts from the Office of Public Defender

3. OTHER FACTORS TAKEN INTO CONSIDERATION WHICH THE PANEL BELIEVES ARE WORTH MENTIONING:

1. The Panel realizes and believes that under Marshallese custom and practice if an Iroijlaplap is physically clearing and working a parcel of land or weto, then the three (3) or four (4) land RIGHTS are owned exclusively by the Iroijlaplap and his children.

2. NOW, without reservations and in accordance to CUSTOM, the Panel has determined that Weto Telnan and Weto Monaktal, should be restored to the ownership of Litokwa Tomeing and his brothers and sisters being the children of Iroijlaplap Tomeing and rightful heirs of the RIGHTS of ALAB and DRIJERBAL.

BEIA LALEJ, Chief Judge TRC
BERSON JOSEPH, Associate Judge TRC
RILEY ALBERTTER, Associate Judge TRC