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Jitiam v Litabtok [1971] TTLawRp 49; 5 TTR 513 (9 November 1971)

5 TTR 513

MO JITIAM, Plaintiff

v.

LITABTOK, KEJMEN, and Others, Defendants

Civil Action No. 431

Trial Division of the High Court

Marshall Islands District

November 9, 1971

Action to determine iroij lablab rights for certain wato on Nalu Island, Mill Atoll. The Trial Division of the High Court, D. Kelly Turner, Associate Justice, held that where matilineal succession was interrupted by a special arrangement which was for one generation only then matrilineal succession resumes thereafter.

1. Marshalls Custom-Succession to Titles-Generally

The normal pattern of Marshallese succession for any land interest title is by descent through the matrilineal line and when it becomes extinct, a patrilineal succession may occur for one generation and after that the interests pass in the new matrilineal line.

2. Marshalls Custom-Succession to Titles-Special Arrangements

There is no support under the custom for the theory that once there has been an "election" of iroij lablab, then all successors must be elected.

3. Marshalls Custom-Succession to Titles-Special Arrangements

When there is a special arrangement for succession, then matrilineal succession resumes thereafter and it does not follow that if there is one special arrangement, all succession thereafter shall be by special arrangement.

TURNER, Associate Justice

RECORD OF HEARING

This action involves plaintiff's right to iroij lablab interests for the following wato located on Nalu Island, Mili Atoll:-

Jabelare

Limonkoko

Tonke

Boken

Maluen

Plaintiff claimed he had not received his iroij lablab share of copra sales from the five wato from the time he became iroij lablab upon the death of Lanjen, his mother and predecessor leroij lablab, in 1970. Defendants insisted plaintiff actually had collected from the copra buyers. Since neither side was prepared to offer evidence on the issue the court declined to either re-open or rule on the point. Trial was held on Nalu Island, Mili Atoll, and this case concluded the special sitting, the court returning by ship the day following this trial to Majuro.