Chief Justice Arthur Ngiraklsong, Associate Justice Lourdes F. Materne, and Part-time Associate Justice Katherine A. Maraman in an opinion order on September 16 affirmed the ruling of the Land Court in a land dispute action.
The Land Court ruled in favor of Siangeldeb and issued ownership of Ikekerung in the names of children of Rdechor as heirs of Siangeldeb.Umai Eterochel, one of the children of Eterochel, the original owner of the land, appealed the decision and claimed that the Land Court erred when it inappropriately relied on Section 801 (c) of the Palau District Code in deciding the matter.The Supreme Court in their opinion order said that the Land Court found that both of Eterochel’s sons Kerradel and Ngiraclosech had waived their claims to the land and pursuant to Section 801 (c) Siangeldeb was entitled to the land.The Judges citing a similar civil action in Ngirchokebai v. Reklai in which the Appellate Division ruled that: “If the eldest male child or his heirs did not claim the property, under the law, the property passed to the next oldest male child and so on down the line. The failure of [the oldest son’s ] heirs to claim the property must be construed as a waiver of [the eldest son’s] claim. That being the case, the next oldest male child inherited the property.”The Judges said Kerradel and Ngirablosech failed to pursue their claims to Ikekerung and the next oldest male child of Eterochel alive at the time of his death was Siangeldeb.The Judges said the Land Court did not err in concluding that pursuant to the statute, Siangeldeb was the rightful owner of Ikekerung.Eterochel owned the land. He went through different marriages and had children from a previous marriage.Eterochel and his wife Waisang adopted the appellant Umai Eterochel.The couple’s children included Kerradel, Ngirablosech and Siangeldeb.The appellees in this action are Siangeldeb’s children.There were a number of individuals who filed claims of ownership to the land including Ngirablosech, Umai Eterochel and Siangeldeb’s children.Ngirablosech’s son filed a withdrawal of claim on behalf of his father.
