Abner v Jibke [1984] MHSC 3; 1 MILR (Rev) 3 (6 August 1984)

1 MILR (Rev.) 3

IN THE SUPREME COURT
REPUBLIC OF THE MARSHALL ISLANDS

S.Ct. CIVIL NO. 82-02
(High Ct. Civil No. 1980-021)

ABNER, et al.,
Plaintiffs-Appellants,

-v-

JIBKE, et al.,
Defendants-Appellees.

APPEAL FROM THE HIGH COURT

AUGUST 6, 1984

BURNETT, C.J.

SUMMARY:

In a dispute concerning succession to alap rights, the court found misunderstanding and misstatement of relevant evidence, as well as consideration of out-of-court statements, by the trial court. Concluding that allowing the judgment to stand would be inconsistent with substantial justice, the judgment was reversed and the case remanded for further proceedings.

DIGEST:

1. APPEAL AND ERROR – Dismissal, Grounds for – Failure to Identify Errors: The notice of appeal must contain a "concise statement of the questions presented by the appeal." The Court may decline to hear an appeal where it cannot be determined from the notice of appeal what the alleged error was.

2. APPEAL AND ERROR – Review – Harmless Error: Errors by the court below are not grounds for an appellate court to disturb a judgment unless refusal to do so would be inconsistent with substantial justice.

3. APPEAL AND ERROR – Review – Discretionary Matters – Findings of Fact: Findings of fact by the trial court will not be set aside unless clearly erroneous.

4. LAND RIGHTS – Iroij – Decisions: The determinations of iroij are presumed to be reasonable unless it is clear that they are not.

5. LAND RIGHTS – Marjinkot Lands – Termination of Rights: In order to change rights in Marjinkot lands, in absence of consent, good cause must be shown.

6. LAND RIGHTS – Possession: Possession or use of land does not, in itself, convey any rights in the land under the custom.

OPINION OF THE COURT BY BURNETT, C.J.

This appeal is taken from a judgment by the High Court, Republic of the Marshall Islands, on October 27, 1982, holding that the successors to Defendant Jibke have alap and dri jerbal rights to Aibwij, Monke and Lojonen wetos on Bikiej Island, Kwajalein Atoll. The action began originally in the High Court of the Trust Territory and was transferred upon organization of the courts of the Marshall Islands.