Lalakea v. Hawaiian Irrigation Co.

OPINION OF THE COURT BY

PETERS, J.

This is an action of ejectment. The land involved is a twenty-foot strip 334.5 feet long included in the prem ises situated at Kukuihaele, Hawaii County, described in Royal Patent 6513, Land Commission Award 7957, apaña 3 (hereinafter referred to as the “kuleana”), comprising an area inclusive of the strip in controversy of 4.87 acres. At the time that the action was filed this strip was occupied by a segment or part of an open, visible, permanent and continuous artificial irrigation ditch theretofore constructed and since maintained thereon by the defendant…