Remoket v Olekeriil [1967] TTLawRp 21; 3 TTR 339 (13 November 1967)

3 TTR 339

MEKLECHEL REMOKET,
Appellant

v.

MERII OLEKERIIL,
Appellee

Civil Action No. 382
Trial Division of the High Court
Palau District

November 13, 1967

Appeal from Palau District Court judgment granting each party one-half of amount awarded to defendant in separate action against third party for wrongfully cutting and using trees from land in Airai Municipality. The District Court held that both parties herein are equally entitled to the sum previously received by defendant. On appeal, the Trial Division of the High Court, Associate Justice D. Kelly Turner, held that District Court had no jurisdiction dispose of money between the parties since Court was thereby determining title to or interest in land, jurisdiction of which is exclusively in Trial Division of the High Court.

Modified and affirmed.

1. Courts - District Court

There is distinction between action relating to claim for money, which is within jurisdiction of District Court, and action which determines interests in land, which is not within power of District Court to decide.

2. Real Property - Forcible Detainer

In statutory forcible detainer actions in United States, right of possession only is involved and title or conflicting interests in land may not be considered by courts.

3. Real Property - Forcible Detainer

Trust Territory law which gives District Court jurisdiction to determine right to immediate possession of land is similar to forcible entry and detainer action, which is regarded as possessory action, in which plaintiff need not be owner of property in dispute and issue of title is not raised. (T.T.C., Sec. 138)

4. Palau Land Law - Lineage Ownership - Use Rights

Where party in Palau has possessory interest in land as ochell of lineage, she may sue in District Court for money damages to land for loss of trees.

5. Courts - High Court

Where claim of plaintiff for money damages is based on alleged interest in land superior to defendant's interest, matter is within original jurisdiction of High Court to try title or any interest in land, and not within District Court's jurisdiction, which is limited in land matters to right of immediate possession. (T.T.C., Sees. 123, 138)

6. Civil Procedure - Generally

Designation of action is not important since it is substance that determines nature of action.

7. Courts - High Court

Where complaint asks for recovery of money because of rights in land from which money is derived, action should be brought in Trial Division of the High Court, and District Court has no jurisdiction of subject matter. (T.T.C., Secs. 123,138)

8. Palau Land Law - Lineage Ownership

Under Palau custom, clan does not control lineage properties, with certain exceptions.

9. Palau Land Law - Lineage Ownership

Under Palau custom, party who is bearer of clan title has no control or interest in lineage land nor in money derived from lineage land.

10. Palau Land Law - Lineage Ownership - Administration