Jacob v Herimos [2014] MHHC 6; CA 2008-221 (30 December 2014)

IN THE HIGH COURT
OF THE
REPUBLIC OF MARSHALL ISLANDS

CA NO. 2008-221

MASAKI JACOB on behalf of his older brother BOB MELERAN JACOB,
Plaintiff,

V.

IROIJLAPLAP REMIOS HERIMOS and WILFRED KENDALL,
Defendants.

FINAL JUDGMENT

TO: TIANTAAKE BEERO, MICRONESIAN LEGAL SERVICES CORP., counsel for plaintiff
CHIEF PUBLIC DEFENDER RUSSELL KUN, counsel for defendants LAND REGISTRATION AUTHORITY

I. INTRODUCTION

On December 10, 2014, this matter came before the High Court for a Rule 9 Hearing on the Traditional Rights Court's September 18,2014 "Opinion and Answer on Added Questions" that supplements its July 5, 2012 "Summary of Case." At issue is who, as between plaintiff Bob Meleran Jacob and defendant Wilfred Kendall, holds the alap title to 25 wetos in Wotje Atoll listed in paragraph 1 of the plaintiffs February 23, 2009 First Amended Complaint^[1] and to Erkub

Atoll. In both its Summary of Case, at page 1, and its Opinion and Answer on Added Questions, at page 1, the TRC finds that defendant Kendall holds the alap titles in question.

For these reasons, set forth, the High Court adopts the TRC's determination.

II. PROCEEDINGS BELOW

In the 2012, Summary of Case, the TRC found that defendant Kendall was the proper person to be alap for three reasons. First, pursuant to both the plaintiff s and the defendants' genealogies (plaintiffs Exhibit B and the defendants' Exhibit B), defendant Kendall was of a generation older that plaintiff Jacob. Second, in his testimony Iroijlaplap Remios Hermios stated that he recognized defendant Kendall as the alap. Third in his December 6, 2005 declaration (Defendants' Exhibit A), Iroijlaplap Hermios recognized Kendall "our last 'uncle. '"

Plaintiff Jacob had testified that he was the proper person to be alap, as defendant Kendall was an adopted child who rights are subordinate to biological members ofthe bwij. Plaintiff Jacob argued that because defendant Wilfred Kendall was not a natural child of Kendal Lojen (aka Kendall Lojen), but instead was an adopted child, and that defendant Kendall cannot become alap until Jacob's linage dies out (citing Labina v. Lainej, 4 TTR 234 (TTHC Tr. Div 1969); Amon v. Makroro, 5 TTR 436 (TTHC Tr. Div. 1971), and Tobin, Land Tenure in the Marshall Islands).