CHUUK STATE SUPREME COURT TRIAL DIVISION
Cite as Enengeitaw Clan v. Shirai,10 FSM Intrm. 309 ( Chk. S. Tr. Tr. 2001)
THE ENENGEITAW CLAN,
Plaintiffs,
vs.
FUMINORY SHIRAI, MITARO DANIS, IOWAS
SIMINA, CHUUK STATE, and GOVERNOR
ANSITO WALTER,
Defendants.
CSSC CA NO. 108-99
ORDER GRANTING MOTION TO DISMISS
Wanis R. Simina
Associate Justice
Hearings: November 13, 2000, April 26, 2001
Decided: May 22, 2001
APPEARANCES:
For the
Plaintiff: Stephen V. Finnen, Esq.
Law Offices of Saimon & Associates
P.O. Box 1450
Kolonia, Pohnpei FM 96941
For the Defendants: Jack Fritz, Esq.
P.O. Box 788
Weno, Chuuk FM 96942
For the Defendants: Ready Johnny, Esq.
Office of the Chuuk Attorney General
P.O. Box 189
Weno, Chuuk FM 96942
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Under the Chuuk Constitution, article VII, § 3(c), the Chuuk State Supreme Court has only appellate or review jurisdiction over the Land Commission, and thus a motion for review de novo of matters not raised before the Land Commission must be denied. Enengeitaw Clan v. Shirai, 10 FSM Intrm. 309, 311 (Chk. S. Ct. Tr. 2001).
Estoppel in pais is defined as the doctrine by which a person may be precluded by his act or conduct, or silence when it is his duty to speak. Enengeitaw Clan v. Shirai, 10 FSM Intrm. 309, 311 (Chk. S. Ct. Tr. 2001).
A case that appears to rest on the assertion that the Land Commission gave title to the land in question to a clan will be dismissed when the Determination of Ownership names a person as the sole owner of the land. Enengeitaw Clan v. Shirai, 10 FSM Intrm. 309, 311 (Chk. S. Ct. Tr. 2001).
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WANIS R. SIMINA, Associate Justice:
This case comes before the Court after notice and hearing on November 13, 2000, on Defendants' Motion to Dismiss the above styled case. Further hearings were held on April 26, 2001 and all parties have filed extensive written briefs and exhibits in support of their positions. This case is the survivor case after the consolidation of CSSC CA No. 29-99; 80-99; 108-99 and 109-99, and is an appeal from a decision of the Chuuk State Land Commission.
Pursuant to the previous order of this Court, the matter was to be rescheduled for the purpose of consideration by the court of any motions pending or for the purpose of trial. Since that time, November 13, 2000, the Defendants Chuuk State and Fuminory Shirai, have each filed Motions to Dismiss the appeal. Plaintiff has filed opposition to these motions. All such filings contain supporting documents which the Court considers to be sufficient for a decision in the case.
The original Notice of Appeal from a decision of the Chuuk State Land Commission to this Court, filed by the Appellant, Enengeitaw Clan, includes a "STATEMENT OF ISSUES ON APPEAL," which provides in paragraph 1, in part, that "this matter has become an issue of a boundary dispute over the boundaries of the land known as `Nenom.'" The record is silent on the question of whether a dispute
over boundaries of the land in question was ever brought before the Chuuk State Land Commission. The Court is mindful that this fact alone, given the fact that the Plaintiff refers to the case as having become a "boundary dispute," is sufficient grounds to grant the Motion to Dismiss, or at the least, to remand the case back to the Land Commission for its consideration of boundary issues.
At the hearing on April 26, 2001 and by written Motion filed April 27, 2001 the Plaintiff has moved the Court to review the case de novo. The motion appears to seek a trial of the issues, at least on the matter of boundaries, as an original action in this Court. It is clear that under Article VII, § 3(c), Constitution of Chuuk State, that this Court has only Appellate or review jurisdiction over the Land Commission, and for this reason, the motion for review de novo of matters not raised before the Land Commission is due to be denied.
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