Pinar v Kantenia [1966] TTLawRp 19; 3 TTR 158 (6 May 1966)

3 TTR 158

PINAR,
Plaintiff

v.

KANTENIA,
Defendant

Civil Action No. 196
Trial Division of the High Court
Truk District

May 6, 1966

Action for determination of rights in land in Polle Municipality. The Trial Division of the High Court, Chief Justice E. P. Furber, held that afokur have no rights in lineage land except that granted by permission of lineage; if lineage exchanges land with another lineage, afokur have no right to interfere with exchange even though they have been using exchanged land.

1. Truk Land Law – Lineage Ownership – Use Rights

Under Truk custom, use of lineage land by afokur with consent of lineage is in accord with custom, but rights of afokur depend upon permission, and extended permission gives no right of ownership.

2. Truk Land Law – Lineage Ownership – Transfers

Under Truk custom, afokur have no right to interfere with disposition of land by lineage.

FURBER, Chief Justice

FINDINGS OF FACT

1. Ununong gave the land in question to his daughter Neipurosom, who gave it to her lineage, consisting of the descendants in the female line of her mother's mother and of which her brother Baunus (sometimes written Paulus) was the leader the latter part of his life.

2. Baunus asked Neipurosom and Nakamiso for permission to give the land to his second wife Papainuk, which was refused except for five coconut trees for which she was later paid.

3. The defendant Kantenia was allowed by the lineage to use the land with them and she did so without any from about the end of World War II up to 1960, but there was no agreement as to how long she might do so.

OPINION

This action involves a dispute between a Trukese lineage, represented by the plaintiff Pinal, and two of its ajokur" (in this instance, children of a former male leader of the lineage), represented by the defendant Kantenia, as to the ownership of a piece of land in Truk Atoll. This action is governed largely by the principles discussed in the Conclusions of Law in Nusia v. Sak, 1 TTR 446.

[1,2] As explained in that case, under Trukese custom a certain amount of use of lineage land by its "ajokur", with the consent of the lineage, is to be expected and is in accord with custom, but the rights of the "ajokur