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Mita v Piriska [1966] TTLawRp 15; 3 TTR 168 (13 May 1966)

3 TTR 168

YOSIRO MITA,
Plaintiff

v.

PIRISKA,
Defendant

Civil Action No. 223
Trial Division of the High Court
Truk District

May 13, 1966

Action to determine ownership of land on Dublon Island, in which former owner gave land to person who had taken care of her in her last illness, after failure of original donees to do so, and second donee subsequently gave land to plaintiff, although defendant had former owner's indefinite permission to use with others. The Trial Division of the High Court, Chief Justice E. P. Furber, held that plaintiff owns land in question, subject to defendant's right to share in use of land for her lifetime.

1. Truk Land Law – Group Ownership

Under Truk custom, a number of people may share in use of same piece of land and take what they want from it without express arrangement between them as to physical division of land or rotation of harvesting, and matter is controlled by general obligation to cooperate and take reasonable amount of produce.

2. Truk Land Law – Agreement to Support

Where transfer of land in Truk is conditioned on donees staying donor on land and taking care of her for rest of her life, and donees fail to do this, transfer fails and donor has right under Truk custom to disregard or cancel it.

FURBER, Chief Justice

FINDINGS OF FACT

1. Neitino, some years before her death, asked Nekon (otherwise known as Neitengeni), to have her husband Nukunukar build a house for Neitino and Nekon and the latter's family on the land in question and come and live there with Neitino and work the land with the expectation that they would take care of Neitino for the rest of her life and would then own the land.

2. Nukunukar did build the house, clear the land, and he and his family and Neitino, and Rekis from time to time, all lived there together for not more than about a year. Then Nukunukar and his family moved away and lived on other land for the rest of Neitino's life and failed to work the land in question except for the initial clearing mentioned above. Neitino remained friendly with Nekon, however, and gave Piriska an indefinite permission to use the land – presumably with others.

3. When Neitino became sick in her last illness, Meireng arranged to have Nepileua go to live with Neitino and take care of her, which Nepileua did faithfully up to the time of Neitino's death.

4. Shortly before Neitino died, she directed, with Rekis' approval, that Nepileua should have the land in question and that Meireng should take care of it for her and Meireng agreed that Rekis might also use the land with them for his lifetime.

5. Nepileua, before her death, gave the land to Yosiro with the approval of Meireng