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Joab J v Labwoj [1961] TTLawRp 32; 2 TTR 172 (9 February 1961)

2 TTR 172

JOAB J.,
Plaintiff

v.

LABWOJ,
Defendant

Civil Action No. 125
Trial Division of the High Court
Marshall Islands District

February 9, 1961

Action to determine ownership of iroij erik, dri jerbal and alab rights on certain wato on "Jebrik's side" of Majuro Atoll. The Trial Division of the High Court, Chief Justice E. P. Furber, held that iroij lablab powers on "Jebrik's side" of Majuro Atoll are, as practical matter, vested in the iroij erik and the droulul, and therefore one's dri jerbal rights can only be cut off by concurrence of all those having such powers, and not by iroij erik alone.

1. Marshalls Land Law - "Dri Jerbal" - Revocation of Rights

Under Marshallese custom, dri jerbal rights which would otherwise continue indefinitely can only be cut off by iroij lablab or those having iroij lablab rights in land.

2. Marshalls Land Law - "Dri Jerbal" - Revocation of Rights

Under Marshallese custom, dri jerbal rights which would otherwise continue indefinitely cannot be cut off by iroij erik alone.

3. Marshalls Land Law - "Iroij Lablab" - "Jerbrik's Side" of Majuro

Iroij lablab powers on "Jebrik's side" of Majuro Atoll belong to the government, the iroij erik on that "side," and the group (droulul) holding property rights there.

4. Marshalls Land Law - "Iroij Lablab" - Jebrik's Side" of Majuro

As a practical matter, iroij lablab powers on "Jebrik's side" of Majuro Atoll are vested in the iroij erik on that side" and group (droulul) holding property rights there.

5. Marshalls Land Law - "Iroij Lablab" – "Jebrik's Side" of Majuro

In regard to land on "Jebrik's side" of Majuro Atoll, same weight will be given to decisions of iroij erik on that "side" and droulul holding property rights there as to decisions of an individual iroij lablab, provided iroij erik and droulul develop fair and practical method of operation which will be clearly understandable, generally known to those concerned, and will take into consideration all factors individual iroij lablab is expected to and will result in responsible decisions at least as definite as those expected of individual iroij lablab.

6. Marshalls Land Law - "Iroij Lablab" - "Jebrik's Side" of Majuro

In attempting to exercise iroij lablab powers on "Jebrik's side" of Majuro Atoll, statement signed by four of eight iroij erik and seven members of committee for droulul, stating that dri jerbal has made many troubles, but making no mention of cutting off his rights, is insufficient to constitute exercise of the iroij lablab power to cut off such rights.

7. Marshalls Land Law – "Dri Jerbal" - Revocation of Rights

Whether dri jerbal's