Miko v Keit [1964] TTLawRp 3; 2 TTR 582 (29 June 1964)

2 TTR 582

TRIAL DIVISION OF THE HIGH COURT

TRUK DISTRICT

Civil Action No. 301

MIKO

Appellant

v

KEIT

Appellee

June 29, 1964

Appeal from judgment of Truk District Court granting damages under Trukese custom for allegedly breaking up marriage of Trukese couple. The Trial Division of the High Court, Associate Justice Paul F. Kinnare, held that award of land as damages to spouse who has been "thrown away" to be paid by third person who has caused breakup of the marriage, is proper under Trukese custom, and that District Court may order transfer of land in such cases where there is no dispute about its ownership and value of land does not exceed jurisdictional limit of court.

Affirmed.

1. Truk Custom-Torts-Alienation of Affections

Appeal from District Court judgment ordering party to pay damages for breaking up Trukese marriage must be decided on basis of existing Truk custom and its interpretation by court.

2. Truk Custom-Divorce

In law, divorce in accordance with local Truk custom dissolves marriage just as fully as divorce granted by court.

3. Truk Custom-Divorce

A couple who have been divorced in accordance with local Truk custom are both then legally free to marry someone else so far as the marriage which has been dissolved by the divorce is concerned.

4. Truk Custom-Torts-Alienation of Affections

If third person has caused breakup of Trukese marriage in order that either of the spouses may marry this third person, such third person is also liable to pay damages to spouse who has been "thrown away" or to his or her lineage or father.

5. Appeal and Error-Generally

When reviewing decision rendered in case tried by court without a jury, appellate court will indulge every reasonable presumption in favor of findings made by court below as basis of its decision, and appellant has burden of showing error in findings of court below.

6. Courts-District Court

Although District and Community Courts cannot adjudicate title to land or any interest therein, this does not prevent District or Community Court from ordering transfer of land as payment for damages where there is no dispute about ownership and when value of land does not exceed jurisdictional limitation of court. (T.T.C., Sees. 138, 149)

7. Judgments-Order in Aid of Judgment

Trust Territory law expressly authorizes transfers of interests in land under an order in aid of judgment. (T.T.C., Sec. 288c)).

8. Truk Custom-Torts-Alienation of Affections

Action under Truk custom for damages for breaking up marriage is in nature of action for alienation of affections.

Domestic Relations- Loss of Consortium