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Makroro v Benjamin [1969] TTLawRp 41; 4 TTR 366 (20 June 1969)

4 TTR 366

LITAIMON MAKRORO,
Plaintiff

v.

BENJAMIN,
Defendant

Civil Action No. 348

Trial Division of the High Court
Marshall Islands District

June 20, 1969

Action to determine alab on Rairok Island, Marshall Islands. The Trial Division of the High Court, Robert Clifton, held that alab in question had right to name successor alab despite the fact that the former alab had separated.

Marshalls Land Law - "Alab" - Succession

An alab, after the death of an alab who had "separated" the bwij from a weto, had the power to appoint a successor to such alab.

CLIFTON, Temporary Judge

OPINION

From the testimony it appears that Libojerak, as the alab on the weto in question, and having the right to do so, designated Lijain and the plaintiff, her adopted daughter, as dri jerbal on said weto. Later, when living with Lijokan, a member of her bwij, Libojerak called a meeting of the iroij of "Jebrik's side" and publicly announced that when she died Lijokan should succeed her as alab. However, she did not revoke her designation of Lijain and the plaintiff as dri jerbal.

It was the contention of the plaintiff that a former Alab Liblok had "separated" the bwij of Liblok, that is, one Lajiman, from this weto and that under Marshallese custom that Libojerak did not have the power to "unite" this weto under Lijokan, a member of Lajiman's bwij. However, this contention as to the custom is not correct for after the death of Liblok, Libojerak, as the alab, had the power to appoint an alab to succeed her.

FINDINGS OF FACT

Libojerak, as the alab, and having the power to do so, designated Lijain and Litaimon as dri jerbal on the weto in question and designated Lijokan, the mother of Benjamin, as alab. Lijain and her children are dead, and the plaintiff and her children, by virtue of the designation of plaintiff and Lijain as dri jerbal, have the rights of dri jerbal on said weto. Benjamin has the rights of the alab on said weto.

The court finds as a mixed finding of law and fact under Marshallese custom that Libojerak, as the alab, had the power to designate Lijokan as the alab, despite the fact that Liblok, the former alab, had separated, that is, taken away from Lajiman, a member of the bwij of Lijokan, the right to be alab.

JUDGMENT

It is ordered, adjudged, and decreed as follows:-

1. The plaintiff, Litaimon, and her children have dri jerbal rights to the weto hereinafter described, under Benjamin, as alab.
2. Benjamin, the defendant herein, has the right of alab on said weto.
3. Said weto is described as follows :-.
Kinawe weto (also spelled Kinawa) on Rairok Island, Marshall Islands District.