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Reports of the Trust Territory of the Pacific Islands |
TRIAL DIVISION OF THE HIGH COURT
MARSHALL ISLANDS COURT DISTRICT
Civil Action No. 266
JILO BULELE, AS PERSONAL REPRESENTATIVE
OF BULELE (DECEASED),
Plaintiff
v.
ALBERT LOEAK,
Defendant
June 9, 1968
Action to determine apportionment of condemnation award. The Trial Division of the High Court, Joseph W. Goss, Temporary Judge, held that in absence of agreement between parties in interest made pursuant to a meeting between them according to custom, the court would divide the award according to the parties' actual interest in the land condemned.
1. Marshalls Land Law-"Iroij Elap"-Powers
An iroij elap has the duty of making a correct division of any monies received on behalf of the alabs and dri jerbals under him and he has the duty of ascertaining whether there was agreement as to the acreages of the watos for which payment was about to be made.
2. Marshalls Custom-Public Meetings
Under Marshallese custom, questions of magnitude to the community, for example involving payment for the indefinite use rights to two watos, from, whence approximately 100 people had been removed, should be settled,inpublic meeting.
3. Marshalls Land Law-Generally
Marshallese Commoners have relatively less in land rights than their fellow citizens of the other Districts of the TnistTerritory' because of the feudalistic social structure in the Marshalls whereby various members of the Iroij class own interests in most of the individual parcels throughout the District.
4. Marshalls Land Law-Generally
An iroij often owns rights in many watos on different atolls.
5. Marshalls Land Law-"lriojElap"-Powers
Under Marshallese custom, if there had been agreement at an open meeting between the iroij elap, the alab and the senior dri jerbals of the watos being sold, or their representatives, without undue pressure being placed upon the alab and dri jerbals, then a division of received for such watos would be final.
6. Accord and Satisfaction-Generally
Acceptance of a sum of money without agreement as to satisfaction of the full obligation will not operate as either an accord or compromise.
7. Accord and Satisfaction-Offer and Acceptance-Conditions
To constitute an accord and satisfaction there must be an offer in full satisfaction of the obligation, accompanied by such acts and declarations as amount to a condition that if accepted it is in full satisfaction; and the condition must be such that the party to whom the is made is bound to understand that if he accepts, he does so subject to the conditions imposed.
8. Custom-Burden of Proof
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