Esebei v Trust Territory [1958] TTLawRp 35; 1 TTR 495 (6 September 1958)

TRIAL DIVISION OF THE HIGH COURT

PALAU DISTRICT

Civil Action No. 15

UDUI ESEBEI
Appellant

v.

TRUST TERRITORY OF THE PACIFIC ISLANDS

and

JOSEPH C. PUTNAM, its Alien Property Custodian
Appellees

September 6, 1958

Action to determine ownership of land in Ngaraard Municipality, in which land belonging to plaintiffs family was taken by Japanese Government in 1917 without payment of compensation or approval of landowners. The Trial Division of the High Court, Associate Justice Philip R. Toomin, held that since plaintiff had no adequate recourse to courts of Japanese Administration, and taking was not by free will and was without just compensation, land should be returned to plaintiff.

Reversed.

1. Former Administrations-Recognition of Established Rights

It is duty of nation receiving cession of land to respect all rights of property as those rights were recognized by nation making cession.

2. Former Administrations-Redress of Prior Wrongs

It is no part of duty of nation receiving cession of land to right the wrong which grantor may have committed upon every individual.

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

Exception to doctrine regarding the righting of ancient wrongs of grantor nation applies when wrongs 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-Redress of Prior Wrongs-Exception to Applicable Doctrine

Unless there was inadequate time for individual to have recourse to courts of grantor nation to right alleged wrong, where matter was pending at time courts were closed because of war, there is no adequate basis for assumption of jurisdiction by Trust Territory courts.

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

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

6. 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)

7. Trust Territory-Land Law-Limitations

Period of twenty years is limitation of actions for recovery of land. (T.T.C., Sec. 316)

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