Mongami v Melekeok Municipality [1969] TTLawRp 9; 4 TTR 217 (17 January 1969)

4 TTR 217

JOHNY MONGAMI, Plaintiff

v.

MELEKEOK MUNICIPALITY,

Represented by Its Councilmen and Magistrate, Defendant

Civil Action No. 344

Trial Division of the High Court

Palau District

January 17, 1969

Action to recover on contract. The Trial Division of the High Court, D. Kelly Turner, Associate Justice, held that the court would not enforce a contract which was contrary to public policy and also that where the contract payment provisions had been satisfied and discharged, the party seeking further payment would not be entitled it.

1. Contracts-Enforcement

The courts will not enforce contracts which contravene public policy.

2. Contracts-Public Policy

A contract is said to be against public if it is injurious to the interests of the public, contravenes some established interest of society, violates some public statute, is against good morals, tends to interfere some public welfare or safety, or, if it is at war with the interests of society and is in conflict with the morals of the time.

3. Contracts-Public Policy

Contract in question a contract contravening public policy and would not be enforced by the court.

4. Contracts-Performance--Payment

Where all the claims person performing the contract had arising from performance of the contract had been satisfied, he was not entitled to further payment.

5. Contracts-Construction

Even though contract payment provisions were poorly drafted, the court cannot rewrite the contract for the parties.

6. Contracts-Construction

If the language of a contract is uncertain or unclear then the court must decide on the meaning and intent of the parties.

7. Contracts-Construction

If the language of a contract is plain and the meaning clear, the language alone governs the intent and some other meaning or intent may be construed out of the plain and ordinary meaning of the words used.

Assessor: Interpreter: Reporter: Counsel for Plaintiff: Counsel for Defendant:

JUDGE FRITZ RUBASCH SINGICHI IKESAKES NANCY K. HATTORI FRANCISCO ARMALUUK JOHN I. STOLE

TURNER, Associate Justice

This was a suit on a written contract between the plaintiff and the defendant municipality for construction of a bridge to the Melekeok dock.