Geggie A Udui |
After the hearing from the claimants and their witnesses during the hearing on June 12, 2017, the Court states that Rechekemur Remoket Ngiriou's testimony that Trei clan was dissolved when a woman from Ngerungel clan married into Trei clan and acquired its title and land was not credible and was contradicted by witnesses for Trei including Geggie Udui, Fred Andres, Gloria Andres, and Noah Secharraimul. Both Ngiriou and Trei witnesses that the subject lots were located in-land and were settled by early members of Trei who came on land in Babeldaob while ancestors of Ngerungel clan came from water later and were told to settle on the lower part of Imul near the water where they have lands.
In its findings of facts, the Court found that Aimeliik has no Tochi Daicio and written land records of land ownership to show clearly and identify public and private lands and further found that the lots in dispute are not public lands as defined in the law, 35 PNC 101. The Court found that Trei and Ngerungel clans are the first and second ranking clans of Imul Hamlet respectively and their male chief titles are Secharraimul and Rechekemur. The Court states that "The lots before the Court are all owned by Trei clan" and "Ngerungel clan owns properties within Imul Hamlet but the lots before the Court are not among them".
The also stated that the stipulation signed by Fred Andres during the hearing conveying four lots to Dirrengechel Sariang Timulch and Jason Techur Timulch, is invalid as strong senior members of Trei did not consent to it. Disputes over male and female titles of Trei clan has been going on for years and was finally settle in Court in 2015 when the Court ruled that Hatsuitchi Ngirchomlei is Secharraimul, not Fred Andres, while Geggie A. Edui is Dilsecharraimu. Aimeliik State Public Lands Authority did not have any claims in the records and showed during the hearing but did not stay to present its claim. It later filed a separate lawsuit before the Supreme Court claiming the land as public land and asking the court to invalidate the claims of Trei and other claimants before the issuance of the DO by the Land Court.