Mikelina v Simon [1954] TTLawRp 11; 1 TTR 153 (29 June 1954)

TRIAL DIVISION OF THE HIGH COURT

PONAPE DISTRICT

Civil Action No. 19

MIKELINA
Plaintiff

v

SIMON
Defendant

June 29, 1954

Action to determine ownership of land in Sokaes Municipality, in which plaintiff claims right to Japanese leased land issued to absent lessee. The Trial Division of the High Court, Chief Justice E. P. Furber, held that lease could not be transferred without permission of Trust Territory Government as successor to Japanese Administration as lessor, and that until such permission was granted, defendant, as lawful possessor, could continue in possession.

1. Ponape Land Law-Japanese Supervised Lease-Generally

Where Japanese lease of land on Ponape Island reserved great powers of supervision in government, it cut off rights of any former possessor of land.

2. Ponape Land Law-Japanese Supervised Lease-Succession

Japanese supervised lease of land on Ponape Island could not be inherited as of right, and on death of holder permission of Director of South Seas Bureau was necessary for transfer.

3. Ponape Land Law-Japanese Supervised Lease-Generally

Government of Trust Territory has succeeded to rights of Japanese Administration under supervised leases of land on Ponape Island issued by former administration.

4. Ponape Land Law-Japanese Supervised Lease-Succession

Where neither party claiming right to succeed as lessee under Japanese land lease on Ponape Island has applied to government for transfer of lease, neither has right to balance of leasehold, and question of disposition of land rests in discretion of government, which may consider questions of policy and moral rights not proper for court to pass upon.

5. Ponape Land Law-Japanese Supervised Lease-Succession

Until such time as some person acquires permission from Land Office for transfer of Japanese lease of land on Ponape Island, person who originally gained possession may continue in possession.

FURBER, Chief Justice

FINDINGS OF FACT

1. Penno had cleared the land in question and had been working it for some twenty years before he left Ponape for the Palau Islands on August 16, 1939. During the latter part of this time he was assisted in working the land by his adopted son Alponso.

2. When Penno left Ponape for the Palau Islands (from which he has not returned), he turned possession of the land in question over to his adopted son Alponso without any agreement with the Japanese Government about the transfer of his rights in the land, and without any agreement with Alponso as to how he was to hold or use the land, but trusting Alponso as the natural one to succeed Penno to show reasonable consideration for their relatives, including Penno's adopted daughter Mikelina.