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Lokal v Lolen [1970] TTLawRp 10; 5 TTR 29 (3 March 1970)

5 TTR 29

LOKAL,
Plaintiff

v.

LOLEN,
Defendant

Civil Action No. 357

Trial Division of the High Court
Marshall Islands District

March 3, 1970

Action to determine alab rights on Utrik Island, Marshall Islands District. The Trial Division of the High Court, R. K. Shoecraft, Chief Justice, held that where the Iroij Lablab had made a determination as to alab rights and it was not shown that such determination was not reasonable, such a decision would be upheld by the court.

1. Marshalls Land Law - "Alab"- Succession

The consent of the Iroij is essential to a gift or transfer of alab rights.

2. Marshalls Custom - "Iroij Lablab" - Approval of Wills

Where an Iroij Lablab did not give his consent or approval to will in question, such will had no force and effect.

3. Marshalls Land Law - "Iroij Lablab" - Powers

A determination by those exercising Iroij Lablab powers is entitle4 to great weight and it is supposed that they are reasonable, unless it is clear that they are not.

SHOECRAFT, Chief Justice

OPINION

This action concerns the alab rights on Monbole wato, located on Utrik Island, Marshall Islands District. The complaint filed by the plaintiff claims that he is entitled to the alab rights and indicates that plaintiff has discussed the matter with Iroij Lablab Limojwa and that the Iroij stated if the plaintiff and the defendant were unable to get together, the plaintiff must file the case in court. The answer filed by the defendant admits that the Iroij Lablab has determined that the plaintiff is the rightful alab of Monbole wato. However, the defendant claims that this determination by the Iroij Lablab is not correct.

The sole issue in this case is whether or not the determination of the Iroij Lablab is correct, in accordance with the law and Marshallese custom. The evidence in this case shows conclusively that the Iroij Lablab made a determination of the alab rights under litigation in this action. There was testimony that a former Iroij Lablab was asked to approve the will of Lanime, the prior alab on Monbole wato, and that this matter was discussed between the Iroij Lablab and the Iroij Erik but that the Iroij Lablab refused to approve the will. Namu Hermios, who is presently exercising the Iroij Lablab powers over the subject wato, testified that twice he has notified the parties of the determination of the Iroij as to the alab rights. He notified both parties once personally and the second time by letter that his determination is that Lokal is entitled to the alab rights on the subject wato.

[1, 2] There was also testimony concerning a will made by Lanime, the former alab, now deceased, and although no will was actually produced at this trial we believe·that such a will was made and also that this alleged will attempted to transfer or give the alab rights in Monbole wato to the defendant, Lolen. However, this purported will must be examined in the light of Marshallese custom and already established law. It has already been established in Lazarus v. Likjer, 1 TTR 129, that the consent of the Iroij is essential to a gift or transfer of alab rights. All of the testimony in the present action on the point of Iroij consent is to the effect that the Iroij did not give his consent or approval to the will made by Lanime. Therefore, under established Marshallese custom we must hold that the purported will of Lanhne had no force and effect.

[3] It has also been established in previous cases that a determination by those exercising Iroij Lablab powers is entitled to great weight and it is supposed that they are reasonable, unless it is clear that they are not (Limine v. Lainej, 1 TTR 107). Certainly there has been no testimony whatsoever on either side that the determination of the persons exercising Iroij Lablab powers in this case was unreasonable, and on the evidence received in this case was this Court cannot reverse or overturn the decision of the Iroij Lablab. The crucial point in this case was the effect of the will allegedly made by Lanime, and under established Marshallese custom it is clear that this alleged will failed for lack of approval of the Iroij Lablab. Therefore, it is the opinion of this Court that the plaintiff has indeed established his claim and that the plaintiff is the rightful alab of Monbole wato on Utrik Island.

JUDGMENT

It is ordered, adjudged, and decreed:-

1. As between the parties and all persons claiming under them:-

(a) The plaintiff, Lokal, is the alab of Monbole wato, Utrik Island, Marshall Islands District.
(b) The defendant, Lolen, shall cease, as of this date, to exercise the rights of alab on Monbole wato. However, any rights defendant may have as dri jerbal on said wato are not affected by this judgment.
(c) This judgment shall not affect any rights-of-way there may be over the land in question.

2. No costs are assessed to either party.