Madrainglai v Emesiochel [1974] TTLawRp 1; 6 TTR 435 (1 February 1974)

6 TTR 435

TRIAL DIVISION OF THE HIGH COURT

PALAU DISTRICT

Civil Action No. 1-74

MELIONG MADRAINGLAI, et at

Plaintiffs

v.

YOSIWO EMESIOCHEL and THE SCHOOL OF THE PACIFIC

Defendants

February 1, 1974

Contempt proceeding. The Trial Division of the High Court, D. Kelly Turner, Associate Justice, held that service of ex parte temporary restraining order on counsel was service on defendants.

1. Civil Procedure--Process-Service

Service of temporary restraining order, obtained ex parte, upon defendants' attorney, was service upon defendants.

2. Civil Procedure--Process-Service

Largely because the method of service of ex parte temporary restraining order through police left room for dispute as to what service had been obtained, individual defendants would not be punished for ignoring the order, even though they were unquestionably in contempt of court; but corporate defendant was not entitled to such leniency and would be fined.

Assessor:	FRANCISCO MOREI, Acting Presiding
		Judge, District Court
Interpreter: Reporter: Counsel for Plaintiffs: Counsel for Defendants:	AMADOR D. NGIRKELAU SAM K. SASLAW JOHN NGIRAKED BAULES SECHELONG

TURNER, Associate Justice

Plaintiffs filed an action against the individual defendant and the defendant school seeking to enjoin the use of the land known as Ibobang in Ngetpang Municipality, Babelthaup Island, Palau, as a site for a boarding school. Upon application of the plaintiffs the Court issued an ex-parte temporary restraining order at the time the complaint was filed and thereafter set hearing for determination whether the temporary order, issued without notice, should be continued as an injunction pendente lite or be vacated.