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Ngiraiechol v Inglai Clan [1968] TTLawRp 22; 3 TTR 525 (26 April 1968)

3 TTR 525

REKEMESIK NGIRAIECHOL,
Appellant

v.

INGLAI CLAN,
Appellee

Civil Action No. 398
Trial Division of the High Court
Palau District

Apri126, 1968

Appeal from judgment order. The Trial Division of the High Court, D. Kelly Turner, Associate Justice, held that because of appellant's disregard of court proceedings to which they had been summoned, they lost any right to object to action taken by District Court.

District Court decision affirmed.

1. Appeal and Error - Generally

Because of the deliberate disregard of the court proceedings to which they had been summoned, the appellants lost any right to object to the action taken by the court at that proceeding.

2. Courts - Jurisdiction

Normally a court will not interfere in internal affairs of an organization.

3. Courts - Jurisdiction

An exception to the rule that courts will not interfere in internal affairs of an organization is when someone seeks aid from the court to preserve either vested rights, which are considered in the nature of property, or to enforce an applicable statute or other law.

4. Clans - Generally

In some respects, a clan has certain similarities to a voluntary association or political party in the United States.

5. Palau Custom – Clans - "Maderainglai"

The title known as Maderainglai is the Number Two title in the Inglai Clan, and, as such, the holder of that title normally is the successor to the title of Rekemesik.

6. Palau Custom - Clans - "Rekemesik"

Whether a clan restores the authority of the Rekemesik or even whether it selects the Maderainglai as Rekemesik upon the death of the present titleholder was an internal matter of clan procedure in accordance with traditional custom and the courts would not interfere.

7. Custom - Generally

When local custom fails to provide an acceptable solution for any given problem involving all residents of a governmental subdivision, it is the right of one or more of the three branches of the government, to advance a solution.

8. Palau Custom – Clans - Representative of Chief

One of the powers of a chief is to appoint someone to represent him from time to time and it may not be the same person, but that is the chief's right rather than a matter for the clan except, in an appropriate case, to concur in the selection.

9. Palau Custom – Clans - Representative of Chief

If an acting chief, exercising the powers of a titleholder, does not want a representative, none should be appointed.

10. Palau Custom - Clans

This distinction between title bearer and acting title bearer is that the acting chief functions in place of the true title bearer.

11. Palau Custom – Clans - Representative of Chief

The representative of a title bearer serves for a particular purpose of specific time as an agent of the title bearer.

12. Palau Custom – Clans - Representative of Chief