Baulol v Lanikieo [1969] TTLawRp 76; 5 TTR 147 (26 March 1969)

5 TTR 147

BAULOL and NEPTALI,
Plaintiffs

v.

HELKENA LANIKIEO,
Defendant

Civil Action No. 280

Trial Division of the High Court
Marshall Islands District

March 26, 1969

Action to determine Alab and Dri Jerbal on Rita Island, Majuro Atoll. The Trial Division of the High Court, R. K. Shoecraft, Chief Justice, held that where determination of Iroij Erik was not shown to be improper or contrary to Marshallese custom, such determination would not be upset by court.

1. Marshalls Land Law - "Iroij Erik" - Lirnitation of Powers

Rights once established in accordance with Marshallese custom, and concurred in over the years by successors to the Iroij who established those rights, should not be upset by the courts without a showing of strong cause, such as that the establishment of those rights by the Iroij was a flagrant or arbitrary abuse of his authority under Marshallese custom.

2. Marshalls Land Law - "Iroij Erik" - Lirnitation of Powers

Where plaintiffs neither showed that Iroij abused his authority in establishing rights nor that defendant's ownership of such rights were contrary to Marshallese custom, then such rights would not be upset.

SHOECRAFT, Chief Justice

FINDINGS OF FACT

1. Defendant, Helkena Lanikieo, entered upon and commenced clearing the lands known as Alwal and Loene Watos, Rita Island, Majuro Atoll, in 1951, with permission or Iroij Erik Tel.

2. Defendant's designation as Alab and Dri Jerbal of said Watos is recognized and approved by the present Iroij Erik, Loton.

3. Plaintiffs have not exercised the rights of Alab or Dri Jerbal on said Watos since at least 1951.

4. Plaintiffs were expelled from said land as a result of a dispute between them and Iroij Erik Tel.

5. Iroij Erik Tel, on November 9, 1959, confirmed his designation of defendant as Alab and Dri Jerbal of Alwal Wato in the District Land Office at Majuro.

OPINION

This action involves the ownership of Alab and Dri Jerbal rights in the watos known as Alwal and Loene, on Rita Island, Majuro Atoll.

The plaintiffs claim that they are entitled, by birth, to exercise the Alab and Dri Jerbal rights in the watos in question, and under the usual Marshallese custom this is true. However, the evidence shows that, as a result of· a dispute with lroij Erik Tel (now deceased), plaintiffs, or their predecessors, were expelled from the land and that they agreed to leave the said land never to return.

The evidence further shows that the entry of defendant on said watos was by the authority of lroij Erik Tel and the then Alab, Julios, and in 1959 after the death of Alab Julios, Iroij Erik Tel designated defendant as Alab and Dri Jerbal of said watos. The present Iroij Erik, Loton, testified that he has complied with the "will" of his predecessor, Tel, and that he recognizes defendant as the rightful owner of Alab and Dri Jerbal rights to said watos.

[1, 2] It is believed that rights once established in accordance with Marshallese custom, and concurred in over the years by successors to the Iroij who established those rights, should not be upset by the Courts without a showing of strong cause, such as that the establishment of those rights by the Iroij was a flagrant or arbitrary abuse of his authority under Marshallese custom. The plaintiffs here have made no such showing, nor have they sustained the burden of proving that defendant's ownership of Alab and Dri Jerbal rights in said lands is contrary to Marshallese custom.

JUDGMENT

It is ordered, adjudged, and decreed as follows:-

1. As between the parties and all persons claiming under them, the Alab and Dri Jerbal rights in the watos of Alwal and Loene, located on Rita Island, Majuro Atoll, are held by Helkena Lanikieo.

2. The rights of the parties are subject to the Marshallese system of land law and nothing in this judgment shall prevent those having the Iroij Lablab powers over Alwal and Loene watos from considering any change in these rights which should be made for good cause in accordance with Marshallese customary land law.

Costs are assessed against the plaintiffs.