Supreme Court’s Associate Justices Kathleen M. Salii, Lourdes F. Materne and Alexandra F. Foster in an opinion order affirmed the summary of adjudication, findings of fact and conclusions of law of the Land Court and dismissed the appeal of Ideson Sumang.
Sumang appealed the decision of the Land Court when it refused to cancel the earlier certificate of title awarded to Skibang Lineage for Tochi Daicho.The Land Court held that certificates of title are conclusive against all persons with notice of the proceedings and that even if Sumang could prove that he was not notified of the earlier proceeding, the Land Court had no jurisdiction to remedy the situation.Sumang in his appeal, argued that the Land Court erred when it declared it had no authority to cancel a certificate of title.The Supreme Court said Sumang based his argument on Ngirasibong v. Adelbai.The Supreme Court in affirming the Land Court’s findings, said that the Land Court properly distinguished Ngirasibong from the case at bar.The Supreme Court said that in this case, there is no agreement between the parties. Sumang attempts to overturn a thirty -year -old determination that was made in favor of Skibang Lineage, which is not even a party to this action.The Justices said that the unique circumstances of Ngirasibong are simply not present in this case.The Supreme Court said the Land Court did not discredit Sumang’s claim of a mapping error but held that Sumang could not challenge Skibang Lineage’s certificate of title in this proceeding to register a different Tochi Daicho Lot.Sumang filed the sole claim for Tochi Daicho Lot No. 199. He claimed that the said land corresponds to Cadastral Plat No. 008 B 43.On August 30, 1978, Palau District Land Commission issued a certificate of title to Skibang Lineage for Tochi Daicho Lot Nos. 201-A, 202 and 204, corresponding to the same Cadastral Plat No. 008 B 43.Sumang sought to have the Land Court cancel the earlier certificate of title awarded to Skibang Lineage and award him a new certificate of title listing him as the owner of Tochi Daicho Lot No. 199, corresponding to Cadastral Lot No. 008 B 43.
