Linidrik v Main [1971] TTLawRp 53; 5 TTR 561 (8 December 1971)

5 TTR 561

LINIDRIK, Plaintiff

v.

MAIN and OTHERS, Defendants

Civil Action No. 346

LINIDRIK, Plaintiff

v.

LAJINA, Defendant

Civil Action No. 347

Trial Division of the High Court

Marshall Islands District

December 8, 1971

Action to determine alab and leroij lablab rights to Nontain Island, Mili Atoll. The Trial Division of the High Court, D. Kelly Turner, Associate Justice, held that plaintiff had established right to hold title of leroij lablab and alab under the custom.

1. Marshalls Land Law-Generally

The applicable law under the custom provides for termination or change of a vested land interest only for good cause shown and usually with the approval of all those having present or prospective rights in the land.

2. Marshalls Custom-''Iroij Lablab"-Approval of Wills

Under Marshallese custom, approval of an alab's will by the iroij makes it valid, with or without the approval of the bwij.

3. Evidence-Documents--Lost or Destroyed

Because defendant destroyed the will in question, the plaintiff became entitled to prove the contents of the will under the "best evidence" rule applying to lost or destroyed documents.

4. Marshalls Custom-"Iroij Lablab"-Approval of Wills

A will, to be valid, must be approved by the iroij lablab.

5. Marshalls Custom-Succession to Titles--Order of Priority

Under the custom, inheritance of an alab's title is by younger brothers or sisters or members of a "smaller", that is, lesser, bwij.

6. Marshalls Custom-Succession to Titles--Generally

A break in the customary inheritance pattern cannot be continued indefinitely in the case of a member of the bwij entitled to inherit claiming the title in question.

7. Marshalls Land Law-"Alab"-Establishment

A claim to alab rights may not be made merely because of the exercise of dri jerbal rights.

8. Marshalls Land Law-"Dri Jerbal"-Revocation of Rights

When the status of the iroij or alab is uncertain, the disregard of dri jerbal obligations does not justify terminating dri jerbal interests.

9. Marshalls Land Law-''Dri Jerbal"-Obligations

The settlement of any uncertainty relating to the status of the iroij or alab requires that dri jerbal faithfully perform all their obligations.

Assessor:	KABUA KABUA, Presiding Judge of the
		District Court
Interpreter: Reporter: Counsel for Plaintiff: Counsel for Defendant	OKTAN DAMON NANCY K. HATTORI TORJON

Main:

LAJINA

Counsel for Defendant

Lajina:

PRO SE

TURNER, Associate Justice

In No. 346, plaintiff claims alab interests and in No. 347, the leroij lablab rights to Nontain Island, Mili Atoll; as against Main who claimed to be alab and as against Lajina who refused to recognize plaintiff as leroij lablab and insisted, instead, that plaintiff's sister, Neijen, was leroij lablab. At the commencement of trial, plaintiff's counsel moved for default judgments for failure of defendants to file and serve timely answers. As to No. 346, the motion was denied because the defendant had appeared for pretrial hearing before a Master. Although the hearing was not held, the appearance under the rules of pleading of this court was sufficient in that it amounted to an assertion by the defendant of a demand for trial. Rule 8, d, Rules of Civil Procedure. As to No. 347, a late answer was filed before motion for default was made. The two cases were consolidated for trial on Nalu Island, Mili Atoll.

FINDINGS OF FACT

1. Plaintiff is recognized by the people of Mili Atoll, except for the defendants Main and Lajina and their families, as the leroij lablab of Nontain Island.
2. Plaintiff has been designated by the Mili iroij and the Atoll Council as the proper person to sit in the House of Iroij in the Nitijela, the district legislature.
3. Although plaintiff's half-sister, Neijen, is older than plaintiff, she has never been recognized as successor to Iroij Lakoner.
4. Defendant Main did not inherit alab rights to Nontain Island from her father Ruji and Ruji's attempt to transfer the interest to Main by will was ineffective because the will was not approved by the iroij.
5. Plaintiff inherited alab rights as a member of the bwij holding those interests.
6. Defendants and their predecessors held dri jerbal rights to Nontain Island from early Japanese times and Ruji acted as alab even though Jibaru was entitled to the title under the custom. Jibaru did not exercise alab rights on the land.

OPINION

Civil Action No. 347 in which plaintiff asserts her leroij lablab rights to Nontain Island, Mili Atoll, may readily be settled and should be disposed of before the more difficult question of entitlement to alab rights to the same land is considered.

The defendants, Main and Lajina, do not claim iroij rights but assert those interests are vested in plaintiff's older sister, Neijen. They also say that the share of copra sales in the amount of $337.57 which plaintiff claims as the leroij share was in fact paid to Neijen.