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Filimew v Pong [1951] TTLawRp 4; 1 TTR 11 (18 September 1951)

1 TTR 11

DISTRICT COURT FOR THE YAP DISTRICT

Civil Action No.1

FILIMEW
Plaintiff

v

PEDRO PONG
Defendant

September 18, 1951

Action to determine ownership and use rights of Gupin land. The District Court for the District of Yap, District Judge, E. P. Furber, held that where clan for which defendant claims transferred use rights only for life of transferee, latter had no authority to control disposition of land or any rights in it after his death.

1. Yap Land Law-Patrilineal Ownership-Use Rights

Fact that Yappese clan permitted use rights to be exercised for many years by non-member of clan, that clan has had no meeting for several years and has no active leader, and that many members of clan have moved away, does not deprive clan of ownership of and.

2. Yap Land Law-Patrilineal Ownership-Use Rights

Where clan permitted use rights to be exercised for many years by non-member of clan, and transferee had no authority to dispose of land after his death, question of who shall now have use rights in land 'or what disposition shall be made of it can still be determined by clan meeting in accordance with Yap custom.

FURBER, District Judge

FINDINGS OF FACT

1. The clan for which the defendant claims in this case was referred, to in the pre-trial order and several times during the trial as the Faniif Clan, but its full name is Faniifinimaday.
2. The Faniifinimaday Clan gave the use-rights in the land in question under the clan to Rutmag for his life. It gave him no rights in the land extending beyond his death and he had no authority to control the disposition of the land or any rights in it after his death.
3. The Faniifinimaday Clan has not died out.
4. Since the death of Rutmag, the entire ownership of the land in question has been, and still is, in the Faniifinimaday Clan.

CONCLUSIONS OF LAW

[1] 1. Neither the fact that the Faniifinimaday Clan permitted the use-rights in the land in question to be exercised for many years by Rutmag who was not himself a member of the clan although his father was a member, nor the fact that the clan has not held any meeting for some years and has no active leader, nor the fact that a number of members of the clan have moved away from Tamiil, nor the combination of these facts, deprives the clan of its ownership of the land in question.

[2] 2. The question of who shall now have the use-rights in the land or what disposition the clan wishes to make of the land can still be determined by a meeting of the Faniifinimaday Clan in accordance with Yappese custom.

3. Attention is invited to the fact that there are only a few pieces of land in the Yap Islands of the kind known as "chiefs land", which it was agreed this land is.

JUDGMENT

After trial, it is ordered, adjudged and decreed as follows:-

1. As between the parties and anyone claiming under them, the land Gupin belongs to the Faniifinimaday Clan.
2. The evidence introduced fails to show any lawful determination as to who should have the use-rights in this land under the Faniifinimaday Clan. The question of who should have these use-rights or what disposition the clan wishes to make of the land may be determined by a meeting of the Faniifinimaday Clan in accordance with Yappese custom. So far as possible, all adult members of the Faniifinimaday Clan living in Tamiil shall be notified of any meeting called to decide about the use-rights in or disposition of Gupin, and all of them shall be allowed to attend.
3. Zaragan, Magistrate of Tamiil, is requested to:­

a. Try to see that all adult members of the Faniifinimaday Clan living in Tamiil know about the Court's decision in this case;
b. Try to see that all adult members of the Faniifinimaday Clan living in Tamiil are notified of any meeting to be held by the clan to determine who shall have the use-rights in Gupin or what disposition shall be made of it;
c. Notify Pitmag, Clerk of Courts for the Yap District, as soon as practical of any decision made by the Faniifinimaday Clan about the use-rights in Gupin or the disposition of it.

4. No costs are awarded in this action.