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Reports of the Trust Territory of the Pacific Islands |
NASHION. et al, Appellants-Defendants
v.
LITIRIA, et al., Respondents-Plaintiffs
Civil Appeal No. 306
Appellate Division of the High Court
Marshall Islands District
May 5, 1983
Appeal from a judgment of the trial court in a Marshallese land dispute. The Appellate Division of the High Court, Laureta, Judge, held that trial court did not err in determining that in an attempted Marshallese land sale on Jebrik's Side, the necessary "approval and acquiescence" of the Droulul was not obtained, and land transfer was invalid, and therefore judgment of trial court was generally affirmed, although modified in some respects.
Under Marshallese custom, the power to establish or terminate land interests lies with the iroij lablab or with persons holding that authority.
On Jebrik's Side the Droulul holds and exercises iroij lablab authority.
The Droulul is a committee composed of individuals holding rights as iroij erik, alab or dri jerbal.
On Jebrik's Side, termination or change of land interests must have the "approval and acquiescence" of the Droulul.
Any delegation of the Droulul's authority must be either "definite" or "specifically conferred" at a meeting of which the whole Droulul had adequate notice and in which all members had reasonable opportunity to participate.
Test on appeal of a trial court determination of rights in land is whether substantial evidence supports the finding.
"Substantial evidence" is that quantum of relevant evidence which a reasonable mind would accept as adequate support for a conclusion.
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URL: http://www.paclii.org/other/TTLawRp/1983/12.html
