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Joab J v Labwoj [1965] TTLawRp 15; 3 TTR 72 (7 December 1965)

3 TTR 72

JOAB J. (sometimes written JOAB S.),
Plaintiff

v.

LABWOJ,
Defendant

Civil Action No. 125
Trial Division of the High Court
Marshall Islands District

December 7, 1965

See, also, 2 TTR 172

Hearing on motion for further order in aid of judgment, and incorporating motion for injunction. In earlier judgment by Trial Division of the High Court, plaintiff was recognized as iroij erik and defendant was recognized as holding alab rights on certain wato on "Jebrik's Side" of Majuro Atoll. Judgment had not been recognized by defendant, who refused to cooperate with plaintiff as required by Marshallese custom. The Trial Division of the High Court, Chief Justice E. P. Furber, held that defendant was enjoined from exercising alab rights on the land during his lifetime. Acting alab rights for the remainder of defendant's lifetime were granted to relative of defendant, who agreed to cooperate with plaintiff and recognize plaintiff's iroij erik powers over the land.
Motions granted.

FURBER, Chief Justice

It was agreed that Tomijwa having died since the original judgment in this action entered February 9, 1961, the defendant Labwoj had succeeded Tomijwa as alab.

The court pointed out that this was the third time the defendant had been brought before the court for failure to comply with the judgment in this action, that on August 13, 1964, he had been adjudged in contempt but that punishment had been suspended on his promise to comply, that on March 1, 1965, he had again been adjudged in contempt and that time committed to jail. The defendant Labwoj admitted he had not recognized the plaintiff Joab as iroij erik nor paid the amount due Joab under the judgment entered August 13, 1964, and that he had already been in jail for his refusal to do so. He stated flatly that he never would recognize Joab or co-operate with him as iroij erik, and was ready to accept whatever punishment the court wished to order rather than do so.