Lanki v Maun [2007] MHTRC 1; Civil Action 2007-029 (29 November 2007)

IN THE TRADITIONAL RIGHTS COURT
REPUBLIC OF THE MARSHALL ISLANDS

CIVIL ACTION NO. 2007-029

JELTAN LANKI & FRED DEBRUM
Plaintiff(s)

vs

JENTA MAUN,
his agents, relatives and extended family members
Defendant(s)

SUMMARY OF CASE
[MELELE KO REKADRU ILO CASE IN]

TRC COURT PANEL MEMBERS: Botlang Loeak - Iroij Member
Berson Joseph - Alab Member
Kalemen Jinuna - Dri Jerbal Member

[Dissenting Opinion]

DATE OF HEARING: November 26-29. 2007

PLACE OF HEARING: Majuro, Marshall Islands

Action Taken: QUESTION NO. 1:

A. QUESTION NO. 1 AS PRESENTED: WHO IS THE RIGHTFUL AND PROPER PERSON TO HOLD THE DRI JERBAL RIGHTS ON KINILOKE WETO?

B. OPINION IN ANSWER TO QUESTION NO. 1: CUSTOM DICTATES THAT BIRA JELKAN AND JENNY LEJKA WHO ARE LEJKA'S CHILDREN ARE THE RIGHTFUL AND PROPER DRI JERBAL TITLE HOLDERS ON KINILOKE WETO AND NOT FRED DEBRUM.

C. BRIEF STATEMENT OF REASONING ON WHICH OPINION IN ANSWER TO QUESTION NO. L IS BASED: ACCORDING TO CUSTOM, CHILDREN OF THE MALE ARE THE PROPER DRI JERBAL OF THE LAND. LEJKA'S CHILDREN ARE THE DRI JERBAL OF KINILOKE WETO AND NOT MR. DEBRUM. IT IS CLEAR FROM BIRA'S ANSWERS TO QUESTION POSTED TO HER WHILE ON THE STAND THAT SHE WAS NOT HAPPY ABOUT GIVING AWAY PARTS OF HER DRI JERBAL RIGHTS. SHE WAS ASKED, "HOW DID YOU FEEL UPON LEARNING THAT THE DRI JERBAL INTERESTS HAD BEEN GIVEN TO FRED DEBRUM FOR THAT LAGOON PORTION OF KINILOKE WETO"? HER ANSWER, "REGARDLESS OF HOW I FEEL, THERE IS NOTHING I CAN DO, IT WAS MY FATHER WHO WAS DOING THE GIVEAWAY". WE NOTE THAT OUT OF RESPECT FOR HER FATHER, SHE DID NOT VOICE ANY OBJECTION BUT WE KNOW THAT A GOOD FATHER CONSULTS WITH HIS CHILDREN.

MR. LEJKA MACK WAS THE LEADER AT THAT TIME. HE WAS THE BOSS, WHICH MEAN HE WAS TO TALK THINGS WITH HIS CHILDREN. SINCE HE WAS THE ONLY MALE AMONG SEVERAL SISTERS, HIS CHILDREN WOULD BE THE ONLY DRI JERBAL IN THE FAMILY. THEY WOULD INHERIT THE DRI JERBAL INTEREST. THAT DOES NOT MEAN THEIR FATHER CAN ACT ON THEIR BEHALF FOR THE'RE GROWN UP PEOPLE AND ARE TOTALLY INDEPENDANT. IN ADDITION TO MR. LEJKA MACK'S RESPONSIBILITIES AS THE ALAB OF KINILOKE WETO. HE SHOULD RESPECTED HIS CHILDREN AND MADE A FAIR AND SATISFYING DEAL. MOREOVER, AS I UNDERSTAND THE CUSTOM TO BE, AN ALAB, AS HEAD A FAMILY IS RESPONSIBLE FOR MEMBERS OF THE FAMILY AND MUST SEE TO THEIR NEEDS AND TO INFORM THEM OF HIS EVERY PLAN AND ACTION. FAMILY MEMBERS MUST KNOW OF ALL IS THINKING AND PLANNING. IN THE CASE AT HAND, DEFENDANTS CLAIM THAT THEY WERE NOT AWARE OF DEAL MADE BETWEEN HIM AND FRED DEBRUM. THEREFORE, DUE TO LEJKA'S FAILURE TO FOLLOW THE CUSTOM OF INFORMING FAMILY MEMBERS OF THE BWIJ OF HIS ACTION, FRED DEBRUM CAN NOT BE THE DRI JERBAL TITLE HOLDER FOR A PORTION OF THE LAGOON SIDE OF KINILOKE WETO.

KALEMEN JINUNA
ASSOCIATE JUDGE, TRC
(Dissenting Opinion)