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Liwaika v Bilimon [1968] TTLawRp 51; 4 TTR 123 (31 August 1968)

4 TTR 123

TRIAL DIVISION OF THE HIGH COURT

MARSHALL ISLANDS DISTRICT

Civil Action No. 226

LIWAIKA and TARKAKI

Plaintiffs

v.

BILIMON

Defendant

August 31, 1968

Action to determine alab and dri jerbal rights in a wato on "Jebrik's side" of Majuro Atoll. The Trial Division of the High Court, E. P. Furber, Temporary Judge, held that title passed to senior of the descendants of male members of the bwij when bwij in question died out in the female line, and also that where party in interest was not present, notified or represented at hearing held by Land Title Officer, a decision by such officer was not binding upon that person.

1. Marshalls Land Law-"Alab"- Succession

Where there has been a separation of ownership between a bwij and a "younger" bwij when the bwij dies out in the female line its alab rights pass to the senior of the descendants of the male members of the bwij.

2. Administrative Law-Land Title Determination

Determination of ownership in question would be considered like a judgment quasi in rem.

3. Administrative Law-Land Title Determination-Parties

Where land title determination was rendered without a party in interest participation and without notice to such person or his representative it was not binding upon such person.

FURBER, Temporary Judge

FINDINGS OF FACT

1. The bwij descended from Lanwor held its alab and dri jerbal rights in lands on Djarrit Island, including that in question in this action, separate from the bwij descended from Melerik, which held such rights in lands on Majuro Island separate from Lanwor's bwij, at least from about the middle of Japanese times; this separate ownership was publicly acknowledged and was recognized by all concerned, including the Japanese authorities during the latter half of the Japanese period of administration.

2. The Marshall Islands District Land Title Officer's Determination of Ownership and Release No. 58-1 was made without any actual notice to Liwaika or anyone representing her interest as against that of Bilimon.

3. Lajitok's attempt in recent years to cut off Liwaika's rights in the land in question was not approved by those entitled to exercise the iroij lablab powers over the land.

OPINION

This action involves attempted disposition of alab and dri jerbal rights and alleged inheritance of alab rights in a wato (piece of land) on "Jebrik's side" of Majuro Atoll in the Marshall Islands District. It raises again the question of the exercise of iroij lablab powers over such land, which the court has considered several times before. Those not familiar with the problem will find it discussed in the opinions in