Santos v Trust Territory [1958] TTLawRp 32; 1 TTR 463 (4 September 1958)

TRIAL DIVISION OF THE HIGH COURT

PALAU DISTRICT

Civil Action No. 76

NGODRII SANTOS
Appellant

v.

TRUST TERRITORY OF THE PACIFIC ISLANDS

And

JOSEPH C. PUTNAM, its Alien Property Custodian
Appellees

September 4, 1958

Action to determine ownership of land in Koror Municipality, in which land belonging to plaintiff was taken by Japanese Government in 1927 without consent and without payment of compensation. On appeal from District Land Title Determination, the Trial Division of the High Court, Associate Justice Philip R. Toomin, held that since prosecution of plaintiffs claim under Japanese Government was restrained by coming of war, there was inadequate time for recourse to courts of prior administration, and therefore land should be returned to plaintiff.

Reversed.

1. Former Administrations-Redress of Prior Wrongs

There is no adequate legal or equitable basis in general for redress of wrongs committed by prior sovereign against its own subjects such as is cognizable in court of equity.

2. Former Administrations-Redress of Prior Wrongs

While it is duty of nation receiving cession of land to respect all rights of property as recognized by nation making cession, it is no part of its duty to right the wrong which grantor nation may have committed upon every individual.

3. Former Administrations-Redress of Prior Wrongs-Exception to Applicable Doctrine

Exception to doctrine regarding righting of ancient wrongs of prior sovereign is when wrongs of grantor nation occurred so recently before cession that individual may not have had time to appeal to courts or authorities of that nation for redress.

4. Former Administrations-Taking of Private Property by Japanese Government-Limitations

Action filed by party in High Court of Japanese Government for return of land was existing cause of action at time further action was stopped on account of war.

5. Former Administrations-Taking of Private Property by Japanese Government-Limitations

For purpose of determining impact of limitations, any cause of action existing on May 28, 1951, is considered to have accrued on that date. (T.T.C., Sec. 324)

6. Trust Territory-Land Law-Limitations

Limitations for actions for recovery of land in Trust Territory is twenty years. (T.T.C., Sec. 316)

7. Former Administrations-Taking of Private Property by Japanese Government-Limitations

Where party's claim for return of land was existing cause of action at time further action in Japanese courts was stopped on account of war, claim was existing cause of action on December 7, 1941.

8. Former Administrations-Taking of Private Property by Japanese Government-Limitations