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Amon v Lokanwa [1974] TTLawRp 3; 6 TTR 413 (21 January 1974)

6 TTR 413

LEROIJ REAB AMON, Plaintiff

v.

LABILIET LOKANWA, Defendant

Civil Action No. 15-73

Trial Division of the High Court

Marshall Islands District

January 21, 1974

Dispute over right to iroij erik interests in Monbod Wato, Ajeltake Island, "Jebrik's side" of Majuro Atoll. The Trial Division of .the High Court, D. Kelly Turner, Associate Justice, held that evidence showed plaintiff was successor to iroij erik interests in land, and whatever interests defendant had obtained by self-help, including a court ruling in his favor as against another person, or by default by prior iroij eriks, could not change the rightful succession.

1. Marshalls Land Law-"Morjinkot" Land-Generally

Morjinkot is a gift, by the successful iroij lablab in a civil war, to an outstanding warrior or his bwij.

2. Judgments-Res Judicata

In action involving issue who had iroij erik rights in wato defendant had been determined to have iroij erik rights in as against a different person in a prior case, res judicata did not apply, because, the parties opposing defendant in instant case were different.

3. Marshalls Land Law-"Iroij Erik"-Succession

Evidence showed plaintiff was successor to iroij erik interests in land, and whatever interests defendant had obtained by self-help, including a court ruling in his favor as against another person, or by default by prior iroij eriks, could not change the rightful succession.

4. Marshalls Custom-Succession to Titles-"Iroij" Titles Generally

Membership in a royal bwij is necessary for holders of iroij titles.

5. Marshalls Land Law-"Morjinkot" Land-Generally

Holders of Morjinkot land, and their successors and bwij, have only alab and dri jerbal interests, so that one claiming to be a successor to a warrior granted such land cannot successfully claim the iroij erik interest.

6. Marshalls Land Law-"Iroij Lablab"-Refusal to Recognize

Defendant was bound under the custom to recognize and comply with iroij lablab authority over his land and could not successfully reject all outside authority over the land including the authority of those with iroij lablab power.

7. Marshalls Land Law-"Jebrik's side" of Majuro-Transfers

In dispute over iroij erik interests in wato, petition of all iroij eriks on "Jebrik's side" except defendant and his associate, seeking, to cut off defendant's interests in his lands for failure to follow custom and court decisions, was too serious to decide as an incident to a land dispute; and in interests of fairness and custom the iroij eriks and the 20-20 should give defendant a hearing and ·then decide the matter, after which the court will be in a position to act.

TURNER, Associate Justice

This is another of the several cases decided by this court in which the defendant has attempted to assert his independence of the Marshallese system of land law as it has been applied to lands defendant claims he "owns" on "Jebrik's side" of Majuro Atoll. The present case involves the conflicting claims of the plaintiff and defendant to iroij erik interests for Monbod Wato (also spelled Monbor) on Ajeltake Island, Majuro Atoll.

The defendant and Zedekiah L. litigated land interests for the same wato, as between themselves only. Labiliet v. Zedekiah, 6 T.T.R. 19. The judgment, entered June 19, 1972, held the plaintiff in that action, Labiliet, held both iroij erik and alab interests, even though Labiliet's complaint asserted he held iroij lablab rights for Monbod, contrary to the land control system prevailing for Jebrik Lukotworok former lands from his death in 1919. There has been no individual iroij lablab for Jebrik's former lands. The iroij lablab authority has been exercised by Jebrik's droulul, which during Japanese times and with the approval of that administration, was represented by the committee of 14, composed of seven iroij eriks and seven alabs. This group was succeeded after World War II at the beginning of the American administration by the 20-20 committee. For the history of the "Jebrik's side" special arrangements, see Levi v. Kumtak, 1 T.T.R. 36 (1953) and the affirming Appellate Division judgment. Jatios v. Levi, 1 T.T.R. 578.

[1] The judgment in Labiliet v. Zedekiah, supra, affirmed the "Jebrik's side" arrangement and denied Labiliet's claim to iroij lablab authority over Monbod. However, because of amended pleadings resulting from the pretrial conference, the actual issue between Labiliet and Zedekiah was which one held alab and dri jerbal rights for Monbod. The judgment held Labiliet was alab because he inherited that title from his ancestors, who were given this wato and other lands by Iroij Lablab Jebrik Kable as morjinkot (a gift by the successful Iroij Lablab in Civil War to an outstanding warrior or his bwij). See Tobin, Land Tenure Patterns, pp. 34-37. In lieu of finding Labiliet was iroij lablab, as he claimed, the judgment held he was iroij erik for Monbod Wato, even though there was no testimony or other evidence relating to the finding, other than the claim to the higher title which the court denied. The defendant, Zedekiah, was held to hold dri jerbal rights for Monbod Wato.

The same parties, Labiliet, as plaintiff, and Zedekiah, as defendant, also litigated the same rights for Makije Wato, which adjoins Monbod. Labiliet v. Zedekiah and Lanjen, 5 T. T .R. 273. The Trial Court, on substantially the same facts as in Labiliet v. Zedekiah, supra, and also as testified to in the present case, held Zedekiah to be the iroij erik. This result was reversed on appeal, 6 T.T.R. 571.

The first question to be decided in the present case, is whether Labiliet v. Zedekiah