Home | Databases | WorldLII | Search | Feedback Reports of the Trust Territory of the Pacific Islands

  Download original PDF

Limine v Lainej [1956] TTLawRp 2; 1 TTR 595 (6 February 1956)

APPELLATE DIVISION OF THE HIGH COURT

Civil Appeal No.2

LIMINE
Appellant

v

LAINEJ, LITOWELAN

And

JINET
Appellees

February 6, 1956

See, also, 1 T.T.R. 107,231

Appeal from the Trial Division of the High Court, Marshall Islands District, involving dispute in land. The Appellate Division of the High Court, Judge Paul D. Shriver, held that iroij lablab could not change alab rights in land without good reason.

Affirmed.

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

After foreign supervision, powers of iroij lablab were limited and his power to wage war for settlement of disputes was prohibited.

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

There is no indication that iroij lablab had rights under law in effect in 1941 to change alab rights in land at will. (T.T.C., Sec. 24)

Before SHRIVER, MANIBUSAN, Temporary Judges SHRIVER, Temporary Judge

OPINION OF THE COURT

This is an appeal from the Marshall Islands District involving a dispute as to the rights of the appellant and the appellees in certain land situated in Arno Atoll. The trial court made extensive findings of fact and conclusions of law and filed a memorandum of decision which included additional findings of fact. We limit ourselves to a determination as to whether such findings and conclusions are supported by the evidence. We hold that they are.

[1] The Iroij Lablab Tobo originally recognized Lainej as alab but after a number of years attempted to recognize Limine as alab for reasons personal to himself and not involving the welfare of the group as a whole. As the trial court pointed out, in the days before foreign supervision the Iroij Lablab, as king, exercised much greater control over the lands than he may today. His responsibilities were greater as he was required to wage war, offensively or defensively, for the protection of his lands and the economic well being of the people subject to him. But as foreign supervision and control took effect, war as a means of determining disputes, was prohibited. The necessity no longer existed for developing alignments for strength in war with corresponding rewards to the ablest warriors, but rather to make the most effective economic use of the lands.

[2] Stability of tenure is essential to economic development, and while Section 24 of the Trust Territory Code requires the court to 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.

We do not attempt to determine under what circumstances the alab rights, once vested, may be changed, but it does not appear that the appellees, having acquired the alab rights were guilty of any acts which would justify the Iroij Lablab in divesting them of the alab rights so acquired.

The judgment is affirmed.