Bank of the Marshall Islands v Jennet [2005] MHHC 10; Civil Action 2004-153 (12 January 2005)

IN THE HIGH COURT
REPUBLIC OF THE MARSHALL ISLANDS
MAJURO ATOLL

Civil Action No. 2004-153

BANK OF THE MARSHALL ISLANDS
Plaintiff

vs

JORIA JENNET & TIOR JENNET
Defendants

JUDGMENT

High Court Civil Action No. 2004-153 was heard before the Traditional Rights Court on November 4^th and concluded on December 12^th , 2005, at Majuro Courthouse, Uliga, Majuro Atoll, Republic of the Marshall Islands. This matter came before the Traditional Rights Court to determine its opinion based on custom, the dispute between the two brothers, defendant Joria Jennet, and defendant Tior Jennet. This matter concerns the Alap title on Monkono Weto, and both brothers are claiming from each other. The Traditional Rights Court recognized that this case is of great significant and we can learn from it. Therefore, This Court recognized that custom is of great importance and have great influence on determining the dispute between the two brothers based on the custom. The members of the panel are Honorable Associate Judge Botlang Loeak, Honorable Associate Judge Kalemen Jinuna, and Honorable Berson Joseph, Chief Judge of the Traditional Rights Court.

On March 25^th, 1999, Bank of Marshall, the Plaintiff in this case, prepared and signed a lease agreement for a portion of Monkono weto with the iroij, and the Alap of the weto, Joria Jennet who is one of the defendant in this case. Please refer to Plaintiff's Exhibit A. The lease agreement was proper and valid until October 28, 2004.

On October 28, 2004, Defendant Joria Jennet wrote a letter to the Bank of Marshall, the Plaintiff, that they immediately pay the lease in the amount of $1,491.00 per year. Please refer to Plaintiffs Exhibit B. But on February of 2004, Bank of Marshall, the plaintiff received "directive" from Leroij Atama Zedekia that she recognized Tior Jennet as the Alap on Monkono weto and that it is proper for him to collect the payment from Bank of Marshall. Please refer to Plaintiff's Exhibit C.

The Bank of Marshall, the plaintiff in this case, now is in between two "dilemma" and does not know who to deal with regards to the payments of the lease agreement on Monkono Weto. Therefore, the Bank of Marshall filed a case to find out and determine who the proper and correct person to receive the lease payments on Monkono weto can go to. The plaintiff tried its best to "ignore" as it didn't immediately respond to the questions by both the defendants, but presented the question for the Court to find the correct and proper solution that will be in the best interest of both brothers.

RESOLUTION OF THE DISPUTE:

1. The Question that was presented: Who is the proper person to hold the Alap right on Monkono Weto?