Iroij v Jakeo [1972] TTLawRp 14; 5 TTR 670 (24 April 1972)

5 TTR 670

"IROIJ" ON JEBDRIK'S SIDE, et al., Appel1ants

v.

JOAB JAKEO, Appellee

Civil Appeal No. 75

Appellate Division of the High Court

April 24, 1972

Appeal from judgment on verdict following jury trial relating to ownership of land in Laura, Majuro Atoll. Judgment was reversed on basis of improper selection of jury and improper trial procedure.

1. Courts--Jurisdiction

The question of jurisdiction is the threshold inquiry in every case, thus, before a court can begin to consider the merits of the case it must first be sure that it has authority to do so.

2. Courts--Jurisdiction-Amount in Controversy

The lack of a minimum amount in controversy failing to confer jurisdiction is a defense that may be made by the parties.

3. Courts-Jurisdiction-Amount in Controversy

The question of a lack of minimum amount in controversy must be determined even when it has not been suggested by the parties.

4. Courts--Jurisdiction-Amount in Controversy

A good faith claim is the general measure of the amount in controversy, but once the court decides not to accept this claim without proof, the claimant must establish that the minimum amount is actually at stake.

5. Courts-Jurisdiction

A court has the jurisdiction to decide if it has jurisdiction.

6. Courts-Jurisdiction

In questioning the fulfillment of statutory requirements, the court is obligated to proceed on the assumption that it lacks jurisdiction until jurisdiction is affirmatively demonstrated to exist.

7. Courts-Jurisdiction-Failure to Establish

Once a court has decided that the statutory jurisdictional requirements have not been met, it must dismiss the cause of action and this is true no matter at what stage the proceedings might be.

8. Courts-Questions Considered

Statutory questions are for the court, not the jury, to decide.

9. Jury-Selection-Disqualification

For a court to accept a juror whose iroij erik was counsel for one of the parties was reversible error.

10. Jury-Selection-Disqualification

Jurors should be thoroughly impartial as between the parties.

11. Civil Procedure-Trial-Jury Trial

The right to unbiased and unprejudiced jurors is an inseparable and inalienable part of the right to trial by jury guaranteed by law.

12. Jury-Selection-Disqualification

A state of mind in a juror evincing bias for or against either party is a ground for challenge.

13. Jury-Selection-Disqualification

Bias or prejudice for or against a party disqualifies one as a juror and constitutes cause for challenge.