Mack v Edwards [1992] MHTRC 3; Civil Action 1990-053 (19 October 1992)

IN THE TRADITIONAL RIGHTS COURT REPUBLIC OP THE MARSHALL ISLANDS
MAJURO ATOLL
CIVIL ACTION NO. 1990-053

JEKDRON MACK,
Plaintiff,

vs.

LININMETO & TONY EDWARDS,
Defendants.

OPINION IN ANSWER

OPINION IN ANSWER TO QUESTION NO. 1:

Jekdron Mack is the holder of the alab right on Jebeten Weto in Enemanit Island.

STATEMENT OP REASONING ON WHICH OPINION IN ANSWER TO QUESTION NO.l IS BASED:

The opinion in answer is based on the fact that Jekdron is the proper or rightful successor to the last person who held the right of Litabwinwa's bwij who was of the Riluwut jowi or clan and also the last female Riluwut clan member on these lands. Litabwinwa is the older bwij and in the younger bwij one of the member is Jekdron's grandmother, Lijiel who is a botoktok, an alab's child and it is true but because Lijiel is a female and Lukelan is the daughter of Lijiel and Jekdron Mack the son of Lukelan, Jekdron Mack as the child of a female, is therefore, a child of the bwij, a Marshallese custom, but belonging to this new jowi named Raej, also in line to the alabship, under Marshallese custom.

Regarding the testimony of the defendant, Lininmeto in which she stated that Litabwinwa had said that she was giving the alab and dri jerbal rights to Albert and Binot, this she couldn't do because under Marshallese custom an alab cannot give away the alabship to his children or to whoever he wish unless there are valid reasons or with the prior knowledge of the bwij members. This is really the custom and regardless of her having the alab title she couldn't do something along this line until it has been approved by the bwij.

As for the other answer given by Lininmeto where she answered, "I don't know. All I know is that she said she was making the katlep to them.", to the question of whether she knew the reason why Litabwinwa said that to Albert and Binot, for them to go so she could katleb them on this weto, Jebeten, this statement of Lininmeto greatly affects the Marshallese custom because this term katleb applies only to an iroijlablab. Only an iroijlablab can make a katleb.

OPINION IN ANSWER TO QUESTION NO. 2:

Of the two, Jekdron and Lininmeto, this court recognizes that the dri jerbal right rests on the shoulders of Lininmeto.

STATEMENT OF REASONING ON WHICH OPINION IN ANSWER TO QUESTION NO. 2 IS BASED:

To summarized its answer to this question, this court is of the opinion that Litabwinwa went and said to Albert and Binot to go and live on Jebeten Weto and work this land for she was making a katleb of the dri jerbal right on this weto to them. If that's the case then Albert could have held the dri jerbal right because

Litabwinwa had adopted their father. Now, Lininmeto, as the daughter of Binot, the younger sister of Albert is the holder of the dri jerbal right.

Dated: October 16th. 1992

/s/ Bollong Joklur
BOLLONG JOKLUR
Acting Chief Judge Traditional Rights Court
Republic of the Marshall Islands

/s/ Jeja Botla
JEJA BOTLA
Associate Judge Traditional Rights Court
Republic of the Marshall Islands

/s/ Thaddeus Samson
Associate Judge Traditional Rights Court
Republic of the Marshall Islands

F I L E D
Oct 19 1992