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Bokmej v Lang and Jamore [1987] MHSC 16; 1 MILR (Rev) 85 (13 November 1987)

1 MILR (Rev.) 85

IN THE SUPREME COURT
REPUBLIC OF THE MARSHALL ISLANDS

S.Ct. CIVIL NO. 87-02

(High Ct. Civil No. 1986-134)

NEMAIAH BOKMEJ,
Plaintiff-Appellee,

-v-

ATONEJ LANG and NITA JAMODRE,
Defendants-Appellants.

ORDER DISMISSING APPEAL

NOVEMBER 13, 1987

BURNETT, C.J.
GUNATILAKA, A.J. (sitting by designation)

SUMMARY:

The Court dismissed an appeal from an order declining to certify a matter to the Traditional Rights Court because the order was not a final decision.

DIGEST:

1. APPEAL AND ERROR – Decisions Reviewable – Finality of Determination: An order declining to certify a matter to the Traditional Rights Court is not a final appealable order.

This appeal is taken from an Order of the Trial Court which declined to certify the matter to the Traditional Rights Court, and set a trial date. Other issues presented appear to be subsumed within the basic question of referral to the Traditional Rights Court.

Referral to the Traditional Rights Court is a matter resting in the discretion of the trial court. We find nothing to indicate an abuse of that discretion. Constitution, Article VI § 4(4).

[1] The short answer is that the Constitution, Article VI, § 2(2)(a), gives this Court jurisdiction only over appeals from final decisions. RepMar v. Balos, et al., 1 MILR (Rev.) 67, 68 (Jan 30, 1987). The Orders here appealed from are obviously not final; they do not conclude the matter at the trial level. We very simply, do not have jurisdiction to intervene at this point.

The appeal must be, and hereby is, Dismissed.