United States District Court, D. Hawaii
ORDER GRANTING PLAINTIFFS MEHRDAD AND GINA SHAYEFAR’S REQUEST FOR A WRIT OF POSSESSION AGAINST DEFENDANTS VON-ALAN HINANO KALELEIKI AND SARAH-THERECE K. KALELEIKI FOR THE SUBJECT PROPERTY AND THE COMMON ELEMENTS OF THE UKUMEHAME AGRICULTURAL SUBDIVISION
Helen Gillmor United States District Judge
On December 22, 2015 the Court issued an Order Granting, In Part, Plaintiffs’ Motion for Partial Summary Judgment on Counts II, IV and V of the Complaint. (ECF No. 68).
1. The property the subject to this action is identified as Tax Map Key No. (2) 4-8-002:104, LOT 32, UKUMEHAME AGRICULTURAL SUBDIVISION, PHASE II, BEING PORTIONS OF GRANT 4973 TO WALTER GIFFARD AND ROYAL PATENT 7017, LAND COMMISSION AWARD 7779, APANA 4 TO KALELEIKI SITUATE AT UKUMEHAME, LAHAINA, ISLAND OF MAUI, HAWAII, containing an area of 7.846 acres (“Subject Property”).
2. From the date of Land Commission Award 7779 to KALELEIKI, title to the Subject Property descends straight and unbroken to Plaintiffs, as follows:
a. Land Commission Award Number 7779 was awarded to KALELEIKI on September 22, 1853, comprising Apana 1 through 4, located in the Ahupuaa of Ukumehame on the Island of Maui;
b. KALELEIKI died intestate in November 1871 and his estate was probated in the District Court of the Circuit Courts of the Kingdom of Hawaii as Probate Proceeding Number 518. On September 28, 1874, the final report for Probate Proceeding Number 518 was entered with all of the land that formed part of the KALELEIKI estate divided as follows:
1/2 of the estate to KEOKI;
1/6 of the estate to KAMOKUMAIA;
1/6 of the estate to KAILAKANO;
1/6 of the estate to KAPAHUKEA.
c. By Warranty Deeds dated December 20, 1880 and January 25, 1881, KEOKI, KAMOKUMAIA, and KAILAKANO conveyed their 5/6 estate ...