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Piter v Pohl [1966] TTLawRp 16; 3 TTR 176 (25 May 1966)

3 TTR 176

DAINA PITER,
Plaintiff

v.

PELEP POHL,
Defendant

Civil Action No. 267
Trial Division of the High Court
Ponape District

May 25, 1966

Action to determine rights in land on Pingelap Atoll, in which adopted daughter claims land as against one whom her deceased father had asked to take care of land in his absence. The Trial Division of the High Court, Chief Justice E. P. Furber, held that daughter was adopted in accordance with Pingelap customary law, that care of land in owner's absence did not create rights in land, and that benefits received from working land were adequate compensation for work.

1. Ponape Land Law – Pingelap – Taro Patch

Under Pingelap custom, fact that person has taken care of land and taro patches for absent relative for number of years does not ordinarily give him any rights in land.

2. Ponape Land Law – Pingelap – Taro Patch

Under Pingelap custom, where person has taken care of land and taro patches for absent relative for number of years, benefits he has received from land are normally considered to adequately compensate him for his work.

FURBER, Chief Justice

This action came on to be heard at Kolonia, Ponape, before me August 2, 1965 upon the Master's Report. Neither party offered any evidence other than the Master's Report and the transcript of evidence taken by him.

The defendant objects the Master's Report on three grounds: (1) that the plaintiff Daina was not adopted by Daiki and that the family didn't claim that she had been until ten years after Daiki died, during which time the defendant Pelep was working the lands and taro patches involved, (2) Daina should have made a feast to Pelep as well as to Kulion and failed to do so, and (3) under Pinglap custom, a couple adopt a child, they should give her land at that time.

The plaintiff argued that there was no error in the Master's Report, that the people of Pinglap are very patient, that the fact that Pelep had taken care of the land for a long time should not defeat or weaken the plaintiff Daina's rights, and that Daina and her true mother, Melina, had made a feast for Kulion and Pelep on their arrival at Pinglap four months after Daiki died, but that Pelep refused to accept anything from it.