Thomas v Samson v. Alik [2008] MHSC 9; 3 MILR 72 (24 July 2008)

IN THE SUPREME COURT
REPUBLIC OF THE MARSHALL ISLANDS

et al. S. Ct. Case 2007-001
High Ct. Civil No. 2005-077

JARLING THOMAS,
Plaintiffs-Appellees

-v-

ABUIT SAMSON,
Defendant-Appellant,

-v-

HELENA ALIK,
Intervenor-Appellant.

APPEAL FROM THE HIGH COURT

JULY 24, 2008

CADRA, C.J.
WALLACE[1] and KURREN,[2] Acting Associate Justices

SUMMARY:

The Traditional Rights Court determined that Plaintiff held alab and senior dri jerbal rights claimed by Defendants. Both the High Court and the Supreme Court upheld the Traditional Rights Court's decision.

DIGEST:

1. APPEAL AND ERROR – Review - Questions of Law: Errors of law are reviewed de novo.

2. APPEAL AND ERROR – Review - Traditional Rights Court: The High Court and Supreme Court must give proper deference to the decision of the Traditional Rights Court in cases that involve customary law.

3. APPEAL AND ERROR – Review - Traditional Rights Court: A finding of fact as to custom made by the Traditional Rights Court is to be reversed only if clearly erroneous.

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

5. LAND RIGHTS - Katleb: As a matter of customary law, a katleb was given to only one person, not two.

6. LAND RIGHTS - Statute of Frauds: The statute of frauds does not apply to a document that is a determination of inheritance.

7. LAND RIGHTS - Drekein Jenme: A seventy-year time period is more than sufficient to invoke the Marshallese custom of "never moving or disturbing the drekein jenme."

8. LAND RIGHTS - Drekein Jenme: Although Marshallese custom presumes the decisions of a Leroijlablab are reasonable unless it is clear they are not, the doctrine of drekein jenme may be applied to contravene an unreasonable decision of the Leroijlablab.

KURREN, Acting Associate Justice:

BACKGROUND AND PROCEDURAL HISTORY
This action arises out of a dispute over who holds the alab and senior dri jerbal rights to Lorilejman Weto, Arrak Village, Majuro Atoll, in the Republic of the Marshall Islands. Plaintiff-Appellee Jarling Thomas, et al. ("Thomas"), Defendant-Appellant Abuit Samson ("Samson"), and Intervenor-Appellant Helena Alik (''Alik") all clam an interest in these rights.