Associate Justice Lourdes Materne, Associate Justice Alexandra Foster and Part-Time Associate Justice Katherine A. Maraman in an opinion order on Friday affirmed the Land Court determination that the land on dispute located in Ngerbodel, Ngerchemai and Koror State are owned by Iked Roy Ngirchechol, Lynn Merep and KSPLA.
The Justices in their opinion order said that they find no error in the decision of then Associate Judge Rose Mary Skebong that a portion of land described as Demkerang which was the same land described as Tochi Daicho lots 261 and 262 which was conveyed to the Japanese by plaintiff’s father in 1941.
Plaintiff Secundina Oiterong Azuma challenged the Land court’s ruling and argued that her interest in the land extends beyond the boundary determined by the Land Court.
Azuma claimed she acquired the land in question in 1993 through a conveyance from Ngirachelbaed, the original registered owner of the property.
Azuma claimed Ngirachelbaed was her father who is also known as Benjamin Ngiraingas Oiterong and she legally received her father’s interest in the lots 261 and 262.
Azuma’s father conveyed to her Tochi Daicho lots 261 and 262 on May 14, 1993 and she build a house on the land and have lived there since 1993.
Azuma claimed that her father gave lot 181-084C to Koror State with the understanding that it would be used for a road.
Azuma argued that Koror State never build the road so she claimed that she still owns the property.
KSPLA argued that Oiterong’s claim for the land was denied in 1956 and the land remained publicly owned.
The court agreed with the KSPLA’s argument saying nothing in the record indicates that Oiterong subsequently recovered the land and the government has maintained control of it since 1956.
The Justices in affirming the Land Court’s decision said that neither Oiterong nor Azuma has ever filed a claim for the return of public land.
As for the other owners in question, the High Court affirmed the Land Court’s determination that the property belonged to the Idong Lineage and was conveyed to the children of Ngirboketereng Merep at his eldecheduch.
The Land Court credited Iked Ngirchechol’s testimony over the evidence produced by Azuma.
The Justices in affirming the Land Court’s decision said that “the disputes in this case were not simple and required the Land Court to make difficult factual determinations. The litigants proffered competing views of the evidence and the Land Court properly based its decisions on evidence in the record.”
