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Seson v Edwin [1964] TTLawRp 7; 2 TTR 568 (8 May 1964)

2 TTR 568

TRIAL DIVISION OF THE HIGH COURT

PONAPE DISTRICT

Civil Action No. 172

ATING SESON

Plaintiff

v.

WALES EDWIN

Defendant

Civil Action No. 171

ATING SESON

Plaintiff

v.

IDOSI ALPET

Defendant

May 8, 1964

Actions to determine ownership of land on Ngatik Atoll, in which illegitimate son brought suit to recover land of deceased father. The Trial Division of the High Court, Chief Justice E. P. Furber, held that illegitimate son does not inherit as matter of right on Ngatik, and by waiting over twenty years to litigate claim, plaintiff has lost cause of action.

1. Ponape Land Law-Ngatik-Inheritance

Under Ngatik custom, illegitimate child does not inherit land from father as matter of right.

2. Real Property-Quiet Title-Laches

Where plaintiff shows no good excuse for waiting over twenty years after becoming of age before bringing suit to quiet title, court will not grant relief.

FURBER, Chief Justice

These two actions came on to be considered upon the Master's Reports, both counsel in both actions having notified the court through the Master that they did not wish to be heard by the court upon either report. After examination of the records, including the entire transcripts of evidence, the Master's Reports are approved.

OPINION

Although these actions were heard separately one after the other by the Master, they are most easily under-stood if considered together. From the pleadings and statements of the plaintiffs' claims it would appear that he was trying to establish ownership of the whole of the land Imwin Nahu in both actions, but from the defendants' claims and the evidence it is clear that the plaintiff is seeking ownership in Civil Action No. 171 of roughly two-thirds of that land in the possession of Wales Edwin, and in Civil Action No. 172 is seeking ownership of the remaining roughly one-third, which is in the possession of Idosi Alpet.