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Likinono v Nako [1968] TTLawRp 36; 4 TTR 483 (3 July 1968)

4 TTR 483

APPELLATE DIVISION OF THE HIGH COURT

Civil Appeal No. 28

Trial Court Opinion-3 T.T.R. 120

LIKINONO and SOLOMON

Appellants

v.

NAKO and JAMON

Appellees

July 3, 1968

Appeal from judgment of Trial Division affirming alab rights in defendant­appellee. The Appellate Division of the High Court, Per Curiam, affirmed Trial Division's judgment holding that where there was no showing of an exception to succession to alab rights according to custom then ordinary custom prevailed.

1. Marshalls Land Law-"Iroij Lablab"-Limitation of Powers

There is no indication that iroij lablab had rights under law in effect to change alab rights at will.

2. Marshalls Land Law-"Alab"-Succession

If appellee was the successor alab in accordance with Marshallese custom, then the recognition given to another by the leroij lablab exceeded her authority.

1. Before SHOECRAFT, Chief Justice, TURNER, Associate Justice

PER CURIAM

This is an appeal from the Marshall Islands District involving alab rights over five wetos on Wotje Atoll. Appellants were plaintiffs below. The trial court held that the alab rights over the lands in question are held by the bwij of which the appellee defendant, Nako, was the member at the time of trial.

Following the Trial Division judgment, February 3, 1966, Nako died. Both the appellants and appellees agreed at the time of the argument on appeal that Lokoboj, who was counsel for the defendant-appellees, has succeeded to the rights of Nako.

The appellants base their claim to alab rights upon two circumstances which the trial court held to be "quite out of the ordinary course" of land rights descent under Marshallese custom. The first of these events was a meeting in 1932 concerning the successor to Latlan, the then alab. As a result of this meeting, Lobekwor became alab and served until his death in 1957. He was succeeded by Nako. Limojwa, the leroij lablab, designated appellant Likinono as alab at a meeting in 1958 instead of Nako. Upon appellees' refusal to be replaced by the leroij lablab, appellants brought this action, claiming the alab rights.

Appellants claim Lobekwor was, at the 1932 meeting, designated alab only for life and that upon his death, the right reverted to Likinono, whose predecessor, Motlok, they claim, was in line to be alab upon the death of Latlan. In support of this theory, appellants introduced evidence that both the leroij erik and leroij lablab recognized appellant Likinono as alab as senior member of Motlok's bwij.

[1] If under the custom the succession of alab rights was in accordance with the trial court's finding, and we hold they were, then this second circumstance upon which appellants base their claim recognition of appellant as alab by the leroij lablab at the 1958 meeting-is without effect. The reason for this is given in some detail in Limine v. Lainej, 1 TTR 595, in which the court in part:-

"Stability of tenure is essential to economic development, and while Sec. 24 of the Trust Territory Code requires the court recognize the land law in effect on December 1, 1941, unless or until changed by express written enactment made under authority of the Trust Territory, there is no indication in the instant case that on or prior to that date the Iroij Lablab had the authority to change alab rights at will."

[2] Nor, of course, has such authority been demonstrated in this case. Therefore, if Nako, the appellee, was the successor alab in accordance with Marshallese custom, then the recognition given to Likinono by the leroij lablab exceeded her authority.

The evidence that the succession of alab rights went to Nako as a member of the bwij of which Lobekwor, his predecessor was a member, was contested by appellants on the theory Lobekwor was only "appointed" for his life. The trial court found, and we agree, this claimed special arrangement was not sustained by the evidence. The trial court held in effect the rights descended in accordance with custom and that there was no arrangement contrary to or as an exception to the custom warranting reversion of alab rights to someone other than Lobekwor's successors by blood. Of particular significance is that Motlok, from whom appellants claim alab rights by succession, recognIzed Lobe-kwor's exercise of the rights and made no effort to assert any rights of his own.

JUDGMENT

It is ordered, adjudged, and decreed:-.

1. That the alab rights are held by the bwij of which appellee was the senior member and in which Lokoboj is now the senior member for the following wetos in Wotje Atoll, Marshall Islands District:-

2. In all other respects, the judgment of the Trial Division is affirmed.