Elmo v Kabua [1999] MHSC 4; 2 MILR 150 (4 October 1999)

2 MILR 150

IN THE SUPREME COURT
REPUBLIC OF THE MARSHALL ISLANDS

S.Ct. CIVIL NO. 97-05
(High Ct. Civil No. 1996-175)

MAY JANNO ELMO,
Plaintiff-Appellant,

-v-

NEIMATA NAKAMURA KABUA,
Defendant-Appellee.

APPEAL FROM THE HIGH COURT

OCTOBER 4, 1999

FIELDS, C. J.
GOODWIN, A.J. pro tem,¹ and KING, A.J. pro tem²

SUMMARY:

This is an appeal from a High Court judgment that Plaintiff-Appellant was not entitled to a share of land use payments going to the iroij as Plaintiff-Appellant's successor was not the child of a previous iroij. The Supreme Court affirmed.

DIGEST:

1. APPEAL AND ERROR - Review - Discretionary Matters - Findings of Fact: The Findings of Fact by the High Court are not to be set aside by the Supreme Court unless found to be clearly erroneous.

2. APPEAL AND ERROR - Review - Discretionary Matters - Findings of Fact - Clearly Erroneous: A Findings of fact is clearly erroneous when review of the entire record produces a definite and firm conviction that the Court below made a mistake

3. APPEAL AND ERROR - Same - Same - Same - Same: "A Finding is 'clearly erroneous' when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed."

4. APPEAL AND ERROR - Same - Questions of Fact: Appellate Courts will not interfere with the findings of the trial court which are supported by credible evidence.

5. APPEAL AND ERROR - Same - Same: An Appellate Court must refrain from re-weighing the evidence and must make every reasonable presumption in favor of the trial court's decision.

6. APPEAL AND ERROR - Same - Same: There is credible evidence to support the findings of the trial court and this court will not re-weigh the evidence, but must make every reasonable presumption in favor of the trial court's decision.

7. LAND RIGHTS - Iroij - Powers and Obligations: An iroij must notify and consult with his successor and/or Bwij, before executing a testamentary statement allocating a certain amount to be paid to another from the iroij's share of land use payment.

8. EVIDENCE - Discretion of Court: Generally evidentiary matters are said to he committed to the discretion of the trial court.

9. APPEAL AND ERROR - Review - Discretionary Matters - Evidentiary Matters: The trial court's decision regarding evidentiary matters will be reviewed only for an abuse of discretion.

10. APPEAL AND ERROR - Review - Harmless Error