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Reports of the Trust Territory of the Pacific Islands |
TRIAL DIVISION OF THE HIGH COURT
PALAU DISTRICT
Civil Action No. 169
SANTOS NGODRII
Appellant
v
TRUST TERRITORY OF THE PACIFIC ISLANDS and its ALIEN PROPERTY CUSTODIAN
Appellees
October 25, 1960
Appeal from District Land Title Determination of ownership and release adverse to claimant. Appellee moved to dismiss on ground notice of appeal was filed more than three years after determination. The Trial Division of the High Court, Chief Justice E. P. Furber, held that where District Land Title Officer promises to send notice of his determination to claimant, but personal notice is not given and claimant had no actual notice of determination until one year from date it was filed, claimant's right of appeal is not cut off by expiration of time for appeal.
Motion to dismiss denied.
1. Appeal and Error-Notice and Filing of Appeal
Filing .of notice of appeal within time specified by law is ordinarily essential for jurisdiction to hear appeal.
2. Appeal and Error-Notice and Filing of Appeal-Excuse for Late Filing
Appeal is not to be denied if failure to file notice within time limit is result of default of irregularity of public official for which appellant is not responsible, and appellant has acted with due diligence upon learning of situation.
3. Trusteeship-Administering Authority-Obligations
Administering authority of Trust Territory assumes obligation under trust of protecting inhabitants of territory against loss of their lands and resources, promoting their well-being, and assuring their just treatment and protection against abuse. (Trusteeship Agreement, Article 6 (2); United Nations Charter, Article 73)
4. Trusts-Obligation of Trustee
One of prime obligations of trustee is to be scrupulously fair and frank with those for whom he is acting and not mislead them or take advantage of their ignorance.
5. Trusteeship-Administering Authority-Obligations
Although international trusteeship system is not in all respects analogous to legal trust, administering authority of trust territory is expected to act to some extent like a trustee.
6. Trusteeship-Administering Authority-Obligations
Administering authority of trust territory is expected to show at least as careful consideration of rights and properties of inhabitants of trust territory as it would for those of its own citizens in same situation.
7. Trusteeship-Administering Authority-Obligations
Inhabitants of trust territory are entitled to rely upon reasonable assurances of officials in responsible positions with regard to matters they are handling.
8. Trusteeship-Administering Authority-Obligations
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