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Peter v Alfons [1984] TTLawRp 8; 8 TTR 428 (19 January 1984)

8 TTR 428

PENIDO PETER, DAHNIS PETER, DALMON WALTU, DANIEL JOHNNY,

and JOHNNY and ALPERIHDA SARAPIO, Appellants/Counter-Claimants

v.

IUHDIS ALFONS, Appellee/Claimant

Civil Appeal No. 362

EPENSIO EPERIAM, SEKISMUNDO SARAPIO,

IOANA RESEPWIL, and IOANA GILMETE, Appellants/Counter-Claimants

v.

IUHDIS ALFONS, Appellee/Claimant

Civil Appeal No. 355

Appellate Division of the High Court

Ponape District

January 19, 1984

Appeal from judgment in land ownership dispute. The Appellate Division of the High Court, Miyamoto, Associate Justice, held that the case should not have been referred to a Master by the trial court, and therefore the case was remanded for a new trial before an attorney-judge.

Civil Procedure-Masters

Land dispute case was not properly referred by trial court to a Master, where witnesses to the case were not inaccessible to the judge, and there was no indication that there was a necessity for a hearing before the court itself could arrange one.

Before MUNSON, Chief Justice, MIYAMOTO, Associate Justice, and HEFNER^[1] Associate Justice

MIYAMOTO, Associate Justice