Peter v Napking [2008] MHTRC 1; Civl Action 2006-163 (9 September 2008)

IN THE TRADITIONAL RIGHTS COURT
OF THE REPUBLIC OF THE MARSHALL ISLANDS

CIVIL ACTION NO. 2006-163

ROSA PETER
ON BEHALF OF NOMAI PETER
PLAINTIFF

vs

HERMON NAPKING,
WINA LODGE &
EDWIN LAKIEN
DEFENDANT(s)

OPINION IN ANSWER

High Court Civil Action #2006-163, was referred to the Traditional Rights Court to be heard after the Chief Justice of the High Court and counsel agreed that the case concerned Marshallese custom. The Traditional Rights Court commenced the hearing in this case on July 16 - 23, 2008. The members of the TRC panel were Associate Judge Botlang Loeak, Pro Tem Associate Judge Abji Jally, and Berson Joseph, Presiding Judge.

The dispute in this case arose from Rosa Peter believing that the land she lives on is Jira Wato. Just because of what she believed, she disregarded notices from the Alap, Herman Napking, and Senior Dri-Jerbal, Wina Lodge, regarding plans and orders on Barkan Wato. Just because of what she firmly believed, Rosa Peter challenged and went against the defendants, and declared that the house she is living in, and the wato she is living on, is the wato named Jira, which belongs to her and her mother, Nomai Peter.

The dispute was also over the house which Dr. Enta Peter and his family lived in, since the Trust Territory Government times. The buildings (housings) were built under a program called Eighty Nine Ten. It's a program that was developed to fund/pay for the Government's buildings. And since Enta Peter was the District Director for the Dental Department, he was able to live in this house, which is being disputed in this case.

Rosa Peter first moved and lived in this house because she was married to the eldest son of Enta Peter. Nevertheless, based on Marshallese custom, Rosa Peter has no rights in regards to the house and the said land, Barkan Wato. Right after the Trust Territory Government left the Marshall Islands, all the buildings (housings) in Uliga, Majuro, were returned back to the land owners. However, after Rosa Peter understood everything, especially Chief Justice Carl B. Ingram's opinion that there was no Jira Wato, but only two watos, Barkan and Lejolimen, she finally realized that her opinion about Jira Wato was wrong, as the members of the Traditional Rights Court had questioned her while at the witness stand.

NAMES OF DEFENDANT'S WITNESSES AND ADDRESSES:

(1.) Wina Lodge - Barkan Wato, Majuro, Marshall Islands

(2.) Hermon Napking - Barkan Wato, Majuro, Marshall Islands

(3.) Sailass Molkai - Laura Village, Majuro, Marshall Islands

DEFENDANT'S EXHIBITS:

(1.) Defendant's Exhibit A-1 Agreement

(2.) Defendant's Exhibit A-2 Permission Letter for Enta Peter