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Lanki v Maun [2008] MHTRC 3; Civil Action 2007-029 (28 March 2008)

IN THE TRADITIONAL RIGHTS COURT
REPUBLIC OF THE MARSHALL ISLANDS

CIVIL ACTION NO. 2007-029

JELTAN LANKI & FRED DEBRUM
Plaintiff(s)

vs

JENTA MAUN,
his agents, relatives, and extended family members,
Defendant(s).

OPINION IN ANSWER

Traditional Rights Court commenced its hearing in Civil Action No. 2007-029 on November 26 - 29, 2007 at the Uliga Courthouse, Majuro, Marshall Islands. The members of the Traditional Rights Court panel were Associate Judge Botlang Loeak, Associate Judge Kalemen Jinuna, and Chief Judge Berson Joseph.

This case was referred to this Court of Custom to determine under custom, the dispute between the two families of Who is the rightful and proper person to hold the Dri-Jerbal right on Kiniloke Wato? Yes, this case concerns the title of Dri-Jerbal only. This Court of Custom shows its recognition of the custom, that it is very important, and that only the custom can resolve the dispute in this case.

RESOLVING THE DISPUTE:

A. The question certified to the TRC: Who is the rightful and proper person to hold the right of Dri-Jerbal on Kinilokwe Wato?

(a) Opinion in Answer to the Question: Fred DeBrum

On December 1, 1989, the right/title of Dri-Jerbal on Kiniloke Wato had gone or was given to Fred DeBrum under the arrangement and assignment from Leroij Kalora Zion and Alab Lejka Mack. Please see Plaintiff's Exhibit A. This document is still good and as of today, still in effect.

Fred Debrum was an employee of the Ministry of Social Services, who had supervised many programs, including the Food Program for the Aging People, Hot Lunch Program for schools, Loans for low income Housing, Youth Programs, Women's Affairs, and others. And as Fred DeBrum says, "It was from this Food Program (For the Aging People) that their relationship as friends began."

There were many times that Lejka Mack had brought his legal documents for me to translate them, from English into Marshallese, and to help with other small needs. "I was happy to help him with anything and at any time," Fred had said. Because of all this, and all that he had done for Lejka Mack, Lejka was happy to give him half of Kiniloke Wato. Leroij Kalora Zion and Alab and Dri-Jerbal Lejka Mack both showed him, Fred Debrum, the lagoon side of Kiniloke Wato, where he was to reside on.

Lejka Mack, during his lifetime, held both the titles of Alap and Dri-Jerbal on Kiniloke Wato. Today, it is correct and proper that his children hold the title Dri-Jerbal