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Jekron v Kalbok [1974] TTLawRp 31; 6 TTR 601 (16 April 1974)

6 TTR 601

JEKRON, successor to LEJOB and HENRY MULLER, "iroij erik," Plaintiffs

v.

KALBOK, successor to ALBERT, Defendant

Civil Action No. 134

Trial Division of the High Court

Marshall Islands District

April 16, 1974

Proceeding to reopen 1962 judgment. Trial Division of the High Court, D. Kelly Turner, Associate Justice, held the judgment was too remote in time, but that where it determined predecessor to present defendant was acting alab, what rights, if any, defendant acquired from him by inheritance should be determined.

1. Judgments-"Res Judicata"

Court decision made in 1962, that predecessor of defendant in present proceeding was acting alab, would not be reopened in 1974 at the instance of successor of plaintiff in 1962 action, who sought to establish that he had alab and dri jerbal rights; however, there were too many important questions of Marshallese land law involved to permit a complete refusal to reconsider "loose ends" in the 1962 decision, particularly, what, if any, rights present defendant acquired by inheritance from the acting alab, a question for the droulul in the first instance, which would be given an opportunity to decide it before court would do so.

2. Marshalls Land Law-"Jebrik's Side" of Majuro-"Droulul"

The droulul of Jebrik's side of Majuro Atoll consists of all iroij eriks and alabs of all wato on Jebrik's side and has the only authoritative iroij lablab power for Jebrik's side, under a system of committee control begun by the Japanese administration and, under international law principles, followed by the American administration as the successor sovereign.

TURNER, Associate Justice

Judgment entered in 1962 in Marshall Islands Civil Action No. 134, Lojob v. Albert, 2 T.T.R. 388, held that Albert was not the alab but was the acting alab of Jebeten Wato, Enemanet Island, Majuro Atoll. The District Land Title officer had held, after hearing that Albert was the alab. All the original parties are dead and the dispute is now raised between their successors.

[1] Jekron, with whom Henry Muller has joined as successor iroij erik to his brother, Mike Maddison, now asks the court to re-open the 1962 judgment to permit him to establish that he holds alab and dri jerbal interests in the wato. A cursory look at the dates involved-a 1962 judgment to be opened for further proceedings twelve years later in 1974 should bring an obvious conclusion there has been a lapse of entirely too much time to permit re-opening now. This conclusion is persuasive even under the generous provisions of Rule 18, e, (6), Trust Territory Rules of Civil Procedure, permitting the motion to be made within "a reasonable time." Bina v. Lajoun, 5 T.T.R. 366. Owang Lineage v. Ngirarkelau, 3 T.T.R. 560.

Even though the court must hold the 1962 judgment may not be re-opened, there are too many important questions of Marshallese land law now involved in the case to permit a complete refusal to reconsider the "loose ends" found in the former decision. Perhaps, the foremost inquiry relating to the traditional land law of the Marshall Islands is for the purpose what, if any, rights are acquired by inheritance from an "acting" land-interest-holder.

In the former decision, the court held that neither Lojob nor Albert "has satisfied the court" that either of them "has the necessary approval of those having iroij lablab powers, in order to become the true alab." Albert Claimed under an oral will of his father, the adopted son of the former alab. The plaintiff, Lojob, claimed alab rights by virtue of a written will of the former alab, Litabwinwa.

Neither will had been approved 'by the droulul on "Jebrik's side" of Majuro Atoll. Albert did get approval of the majority of the iroij erik's from "Jebtik's side" and by a majority of the male members of the committee of 20-20 (20 men and 20 women). The court declined to accept the 20-20 as being the truly authorized representative of the droulul. The iroij eriks alone are not, of course, the droulul.

[2] The droulul membership, as understood by this court, consists of all the iroij eriks and all the alabs for all the wato on Jebrik's side. This group exercises the only authoritative iroij lablab power for the land once controlled by Iroij Lablab Jebrik, who died in 1919. The system of committee control was begun by the Japanese administration, and under the principles of international law was followed by the American administration as the successor sovereign. Levi v. Kumtak, 1 T.T.R. 36. Jatios v. Levi, 1 T.T.R. 578. Joab v. Labwoj, 2 T.T.R. 172.

The court, in the earlier decision, rejected the theory that the 20-20, as the successor to the committee of 14 of Japanese times, was the authorized representative of the droulul. Since the 20-20 was not authorized to act and the iroij eriks alone could not exercise iroij lablab power and because such power tested in the droulul consisting of iroij eriks and alabs, there has been no duly recognized alab for the parcel in question since the death of Litabwinwa.

Now the question is presented as to whether the acting alab, upon his death, is to be succeeded in accordance with Marshallese custom as an alab would have been. This is a new question not raised in the former decision. It is not, therefore, barred by the doctrine of res judicata resting on the former decision. Nor is it appropriate to re-open the former decision. The dispute should be settled by a new action in which the alab interest is determined from the evidential history of the interest.

A final determination should be obtained from the droulul. However, if the parties are unable to get that body to meet and decide the question, the court will make the decision upon the basis of the evidence presented to it.

Ordered, that plaintiff's motion to re-open Marshall Islands Civil Action No. 134 is denied without prejudice to either party presenting the question for decision of who is the rightful holder of the alab interest in Jebeten Wato, Enemanet Island, Majuro Atoll, in a new cause of action.