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Reports of the Trust Territory of the Pacific Islands
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Wasisang v Trust Territory [1952] TTLawRp 1; 1 TTR 14 (26 May 1952)

1 TTR 14


TRIAL DIVISION OF THE HIGH COURT


PALAU DISTRICT


Civil Action No.2


WASISANG
Plaintiff


v


TRUST TERRITORY OF THE PACIFIC ISLANDS (as successor to the Imperial Japanese Government) and Others
Defendants


May 26, 1952


Action to determine rights to land in Ngaraard Municipality, which had been taken from plaintiff's father as punishment by official act of Japanese Government. The Trial Division of the High Court, Chief Justice E. P. Furber, held that it is not proper function of courts of present administration to right wrongs which may have for many year$ been persisted in by former ad-ministration.

  1. Former Administrations—Applicable Law

Whether any act was legally wrong should be decided at time act was done, except when changed by some express provision in law.

  1. Public Lands-Succeeding Sovereign

In area of property rights, present government of Trust Territory is in position like that of succeeding sovereign taking over government of land conquered by it or ceded .to it by another nation.

  1. Former Administrations—Oflicial Acts

As succeeding sovereign, present administration of Trust Territory is entitled to rely upon and respect official acts of Japanese Administration.

  1. Former Administrations-Redress of Prior Wrongs-Exception to Applicable Doctrine

Present administration of Trust Territory is not required as matter of right to correct wrongs of former administration, except where wrong occurred so near time of change of administration there was no opportunity to correct it through courts or other agencies of former administration.

  1. Legislative Power-Generally

Granting of relief from hardships, where there is no obligation to do so, is matter of policy to be decided by law-making authorities in Trust Territory and not by courts.

  1. Former Administrations-Redress of Prior Wrongs

It is not proper function of courts of present administration to right wrongs which may have been persisted in for many years by former administration.

  1. Public Lands—Succeeding Sovereign

Any interest previously owned or held by Japanese Government in land or other property in Trust Territory is vested in Alien Property Custodian. (Interim Regulations Nos. 4-48, 6-48, 3-50)

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