LUDWIG TILFAS v. HEIRS OF ALIK LUKE

KOSRAE STATE COURT

FEDERATED STATES OF MICRONESIA

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LUDWIG TILFAS,

Appellant,

vs.

HEIRS OF ALIK LUKE,

Appellees.

CIVIL ACTION NO. 80-93

ORDER OF REMAND

This is an appeal from the Land Commission's Determination of Ownership on Parcel No. 029-U-Ol. After the Court review and issued its Opinion dated March 2, 1998, Order of Remand is hereby issued on two grounds:

1. That Commissioner's participation in adjudication process and also in the concurrence process as a commissioner violated KSC, Section 11.601. The Appellant contends that Commissioner Jonas should have been disqualified from the review of the LRT adjudication submitted to the Commission since he participated in adjudication process, or to put it differently, one who adjudicates the matter cannot serve as an appellate judge for that same matter. The review of a land registration team's decision should, in the first instance, be done by the Land Commission, not a court. This matter is therefore remanded to the Land Commission so that the LRT's Determination of Ownership of December 15, 1993 be reviewed by the Commissioners pursuant to Kosrae State Regulation No. 24-1988,

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Part 2, who did not participate in the adjudication process. So that the present situation does not recur, the Land Commission shall, before undertaking its review, inform the parties which commissioners will review the December 15, 1993 Determination of Ownership4The parties may then move for recusal of any commissioner for cause if they are so advised. The Land Commission shall then proceed with its review.

2. That the Land Commission did not "reasonably assess the evidence presented" on the family meeting in which Luke gave back the land to Kenye and the Appellant is adequate grounds for reversal under Heirs of Monkeya v. Heirs of Mackwelung case. In this case, the matter is remanded to the Land Commission for their reconsideration of the evidence concerning return of the land to the Appellant by way of the 1949 family meeting.

SO ORDERED this 2nd day of March ,1998.

____________________

Lyndon Cornelius

Chief Justice

Entered on this 5th day of March, 1998.

____________________

Chief Clerk of Court, Kosrae


	KOSRAE STATE COURT FEDERATED STATES OF MICRONESIA [page 2] LUDWIG TILFAS, Appellant, vs. HEIRS OF ALIK LUKE, Appellees. CIVIL ACTION NO. 80-93 ORDER OF REMAND This is an appeal from the Land Commission's Determination of Ownership on Parcel No. 029-U-Ol. After the Court review and issued its Opinion dated March 2, 1998, Order of Remand is hereby issued on two grounds: 1. That Commissioner's participation in adjudication process and also in the concurrence process as a commissioner violated KSC, Section 11.601. The Appellant contends that Commissioner Jonas should have been disqualified from the review of the LRT adjudication submitted to the Commission since he participated in adjudication process, or to put it differently, one who adjudicates the matter cannot serve as an appellate judge for that same matter. The review of a land registration team's decision should, in the first instance, be done by the Land Commission, not a court. This matter is therefore remanded to the Land Commission so that the LRT's Determination of Ownership of December 15, 1993 be reviewed by the Commissioners pursuant to Kosrae State Regulation No. 24-1988, [page 2] Part 2, who did not participate in the adjudication process. So that the present situation does not recur, the Land Commission shall, before undertaking its review, inform the parties which commissioners will review the December 15, 1993 Determination of Ownership4The parties may then move for recusal of any commissioner for cause if they are so advised. The Land Commission shall then proceed with its review. 2. That the Land Commission did not "reasonably assess the evidence presented" on the family meeting in which Luke gave back the land to Kenye and the Appellant is adequate grounds for reversal under Heirs of Monkeya v. Heirs of Mackwelung case. In this case, the matter is remanded to the Land Commission for their reconsideration of the evidence concerning return of the land to the Appellant by way of the 1949 family meeting. SO ORDERED this 2nd day of March ,1998. ____________________ Lyndon Cornelius Chief Justice Entered on this 5th day of March, 1998. ____________________ Chief Clerk of Court, Kosrae