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Traditional Rights Court of the Marshall Islands |
IN THE TRADITIONAL RIGHTS COURT OF
THE
REPUBLIC OF THE MARSHALL ISLANDS
CIVIL ACTION CASE NO. 2012-045
REPUBLIC OF THE MARSHALL ISLANDS,
Plaintiff(s),
vs.
JAIBOL ANNI NACK, SEARS KOBENEY,
Defendant(s).
OPINION AND ANSWER OF THE TRADITIONAL RIGHTS
COURT
FILED : 18th July 2014
MEMBERS OF COURT PANEL:
WALTER K. ELBON, CHIEF JUDGE
NIXON DAVID,
ASSOCIATE JUDGE
GRACE LEBAN, ASSOCIATE JUDGE
DATE OF HEARING(s): FEBRUARY 18, 21, AND 24, 2014, AND APRIL 21, 22 AND 23, 2014.
PLACE OF HEARING: ULIGA COURTHOUSE, MAJURO ATOLL.
ACTION TAKEN:
The question put before the Panel of the Traditional Rights Court for answer is, WHO IS THE PROPER PERSON(S) BETWEEN JAIBOL ANNI NACK AND SEARS KOBENEY, THE DEFENDANTS, AND MARK MAWILONG, THE INTERVENER, TO HOLD THE SENIOR DRIJERBAL TITLE ON MURLE ISLAND, KWAJALEIN ATOLL, REPUBLIC OF THE MARSHALL ISLANDS.
ANSWER TO QUESTION: SEARS KOBENEY.
INFORMATION CONSIDERED BY THE COURT PANEL AS ACCURATE:
It is clear from the Menmenbwij (Genealogy Charts) presented, and from the testimonies given during the trial, that Murle Island on Kwajalein Atoll is Bwij land. It all began with Limaju (female), who had five (5) children. Among the five children of Limaju, only two had children, and they were the eldest, Jomakro (male), and a younger sister, Limandre.
The Court Panel agrees that according to Marshallese custom, the male's children, grandchildren and their descendants are Botoktok (Blood), or Toorin Botoktok (Flow of the Bloodline), and they will inherit the Senior Dri Jerbal title beginning from the eldest (TRC Opinion High Court Civil Action No. 2006-138
and H/C Civil Action No. 2006-078). When the bloodline becomes
extinct, the title of Senior Dri Jerbal will go to the descendants
of the Bwij.
Likewise, if the Bwij line becomes extinct, the Alab title will go to the
Botoktok(Blood Line), if there is a Bwilok
(cut or break), then changes may take
place, During the trial, there was no mentioned of a Bwilok.
Other issues were raised during the trial, and one of them was the Minutes of Meeting held by the Koba Maron Committee with the Alab and all persons that have land interests on Murle Island. The video tape of the Koba Maron Meeting, which was presented as evidence shows that Ato and Sears did not agree that Mark Mawilong, the grandson of Althea should hold the Senior Dri Jerbal title on Murle Island. Jaibol Nack was not present at the Koba Maron's meeting, however, it is indicated in the Menmenbwij of the family of Murle Island that Ato and Sears are the proper persons to hold the title of Senior Dri Jerbal because they are descendants of the bloodline, or the surviving grandchildren of Jomakro.
As for the documents signed by Irojlaplap Anjua Loeak, determining who is the Senior Dri Jerbal on Murle Island, the Court Panel sees t that Irojlaplap Anjua Loeak will sign all documents given to him to sign. In the case of Murle Island Irojlaplap Loeak recognizes all three parties when each party approached him for his signature.
In the evidence presented, Intervener Exhibit I1A and I1B, the Court Panel recognizes that there was no proper reason, under Marshallese custom, for the change that took place in which it did not follow the order of descent from Jomakro to his children and grandchildren that are still alive. It was not proper for Zedkeia Nack to hold the Senior Dri Jerbal on Murle Island because the bloodline from Jomakro to his children and to his surviving grandchildren had not become extinct. The Court Panel believes and recognizes that this is the reason why the Koba Maron Committee recognized that it is right and proper for Sears, with the authorization of Ato, to hold the Senior Dri Jerbal title on Murle Island, Kwajalein Atoll. Ato was not a party in this case but he attended the meeting of the Koba Maron Committee held on Ebeye, Kwajalein Atoll, on February 7,2012. Ato can always file a complaint against Sears Kobeney in the future.
During the trial the members of the Koba Maron Committee, who were selected to go to Ebeye and conduct the meeting for the families of Murle Island, testified that Sears Kobeney is now the proper person to hold the Senior Dri Jerbal on Murle Island. Iroj Kotak Loeak was also present during the meeting on February 7, 2012, but he did not appear in court to testify on the meeting that took place on Ebeye, and there was no written statement by Iroj Kotak Loeak against the Minutes of the Meeting, which was signed by the Officers of the Koba Maron Committee in which Irojlaplap Anjua Loeak agreed to.
Therefore, the TRC Panel, after hearing the case, agrees that it is rightful and proper for Sears Kobeney to hold the Senior Dri Jerbal title on Murle Island, Kwajalein Atoll. This agreement is based on the Menmenbwij of the family in which Murle Island is Bwij land and the Botoktok line still exists.
NAME(S) OF WITNESSES FOR THE DEFENDANT SEARS KOBENEY:
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1.
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Atte Lang
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1
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Alvin Jacldick
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3.
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Abji Jally
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4.
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Betry Langijota
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5.
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Hongra Hanerc
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6.
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Sears Kobeney
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NAMES OF WITNESSES FOR INTERVENER MARK MAWIIONG:
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URL: http://www.paclii.org/mh/cases/MHTRC/2014/3.html