The case concerns a dispute amongst members of the clan, who each have laid claim to the rights and authoritative privileges to a clan property known as “Brekong.”
According to court documents, Asakao Sasao with relevant others and Ngiraikelau Beouch were in court in 2007 to seek resolutions to disputes over Mochouang membership and status of the members of the clan, and in addition, rights to enter and use “Brekong.”The TC heard the case and passed its judgment in favor of Sasao. Ngiraikelau filed an appeal, which was argued on January 14, 2009 and decided on January 21, 2009.Court documents states that the AC through its deliberations had determined that the TC’s decision “failed to resolve the conflict between the parties” involved in the case – Sasao and others (appellee) and Beouch (appellant).Further, the documents states that the TC’s decision did not “quiet the controversy, bring peace, and settle difference” of parties involved in the case. Moreover, the documents state that there still exist controversies between the parties about the use of “Brekong” and the status of the parties with regards to their clan membership.The court documents state that the AC thinks it is “unfair to the parties, who have come to court seeking clarity and resolution” of their disputes to have to contend to “infer conclusions from the vague language of the TC’s decision on the case.Accordingly, the court document states that the TC did not “fulfill its duty to resolve the parties disputes” nor did it give sufficient “information to allow for meaningful appellate review.”The AC, according to the documents, found it necessary and judicial to vacate the decision and judgment of the TC and remand the case to allow for the TC to make factual findings that are essential to the resolution of the conflicts between parties involved in the case.
