1. 1
IN THE LAND COURT OF THE STATE OF HAWAII
In the Matter of the Application ) Land Court Application No. 950
Of ) (Amended)
)
) LC Case NO. 17-1-2541
Edith Austin & Other )
)
)
To Register and Confirm Title to land )
)
Situate at Waimalu, District of Ewa )
City and County of Honolulu, )
State of Hawaii. )
____________________________________)
PETITION OF ANGELA SUE KAAIHUE AND
YONG NAM FRYER FOR DECLARATORY JUDGEMENT
RE: LAND COURT CERTIFICATE OF TITLE NO. 958,921 (Amended);
AFFIDAVIT
EXHIBITS 1-7
CERTIFICATE OF SERVICE
ANTHONY FUJII 7735
1149 Bethel St. #212B
Honolulu, HI. 96813
Telephone: (808) 585-1411
Attorney for ANGELA SUE KAAIHUE,
and YONG NAM FRYER
2. 2
IN THE LAND COURT OF THE STATE OF HAWAII
In the Matter of the Application ) Land Court Application No. 950
) (Amended)
Of )
) LC Case NO. 17-1-2541
Edith Austin & Other )
)
)
To Register and Confirm Title to land )
)
Situate at Waimalu, District of Ewa )
City and County of Honolulu, )
State of Hawaii. )
____________________________________)
PETITION FOR DECLARATORY JUDGMENT
RE: LAND COURT CERTIFICATE OF TITLE NO. 958,921;
Comes Now, Petitioners ANGELA SUE KAAIHUE and YONG NAM FRYER
(Petitioner’s”), pro-se and hereby moves this Court Pursuant to Rules 13, 14, and 65 of the Rules
of the Land Court, and Hawaii Revised Statutes 501-196 for a declaratory judgment deem that
the Warranty Deed recorded in the Bureau of Conveyances of the State of Hawaii as Document
No. 3899673 and noted on Transfer Certificate of Title No. 958,921 is not subjected to the
perpetual encumbrance documented in #582929, by reason of clerical error found on originating
Transfer Certificate 340,498 to Transfer Certificate 230,810, as described as an encumbrance
from a Lot 1003, 6,952 sq. feet, Map 50, Land Court Application 950 of Edith Austin and others,
then, transferred to a 4,597,304 sq. feet., Map 58, Land Court Application 950 of Edith Austin
and others, which an encumbrance in error has been transferred to ANGELA SUE KAAIHUE
and YONG NAM FRYER’S Title Certificate 958,921
Wherefore, Petitioners prays for a declaratory judgment as follows:
3. 3
1. That this Court, declare that Petitioners’ property which was conveyed to them under
that Warranty Deed recorded in the Bureau of Conveyances of the State of Hawaii as
Document No. 3899673 and noted on Transfer Certificate of Title No. 958,921 is not
subject to the terms and conditions imposed by the document #582929- the
MDCCR’s of Newtown Estates.
2. That this Court, declares and finds a clerical error on Transfer Title Certificate
340,498 to Transfer Title Certificate 230,810 attaching an encumbrance, “Perpetual
Covenants in Doc. 582929, and therefore finds the attachment of the clerical error on
Transfer Title Certificate 958,921 to be in error and defect on the Title Certificate.
3. That this Court order that the Warranty Deed recorded in the Bureau of Conveyances
of the State of Hawaii as Document NO. 3899673 and noted on Transfer Certificate
of Title NO. 958,921, to delete the error “Perpetual covenants in Doc. 582929”.
DATED: Honolulu, Hawai’I, ________________________________
_________________________________
ANTHONY FUJII
ATTORNEY for ANGELA SUE
KAAIHUE, YONG NAM FRYER
4. 4
IN THE LAND COURT OF THE STATE OF HAWAII
In the Matter of the Application ) Land Court Application No. 950
Of )
) LC Case NO. 17-1-2541
Edith Austin & Other )
)
)
To Register and Confirm Title to land )
)
Situate at Waimalu, District of Ewa )
City and County of Honolulu, )
State of Hawaii. )
____________________________________)
AFFIDAVIT OF ANGELA SUE KAAIHUE
STATE OF HAWAI’I )
CITY AND COUNTY OF HONOLULU ) SS.
ANGELA SUE KAAIHUE, first being duly sworn upon oath, deposes and says:
1. That she is an adult residence of the State of Hawaii and, is authorized to make this
affidavit and has personal knowledge of the facts herein:
2. On September 9, 2009, that certain Warranty Deed dated September 16, 2009 was
recorded in the Office of the Assistant Registrar of the Land Court of the State of
Hawaii (“Land Court”) as Document No. 3899673 (the “Deed”) and noted on
Transfer Certificate of Title NO. 958,921, for the property located at 98-673 Kilinoe
Street, Aiea, Hawaii, 96701, further identified by TMK No. (1) 9-8-073-002
(“Property”), a true and correct copy of the Deed is attached hereto as Exhibit “1”.
5. 5
3. Affiant seeks a declaration for this Honorable Court that the Property is not subjected
to an encumbrance recorded as “ Perpetual Covenants in Doc. #582929”, and to
delete this error from the Certificate of Title and/or Warranty Deed No. 958,921,
Land Court Document #3899673.
4. Attached as Exhibits “2”, are true and correct copy of documents of Transfer Title
Certificates and or QuitClaim Deed #958,920, Land Court Document # 3899672.
5. Attached as Exhibits “3”, are true and correct copy of documents of Certificate of
Title, and/or Warranty Deed #567,075, Land Court Document #2640535
6. Attached as Exhibits “4”, are true and correct copy of documents of Transfer Title
Certificates and or Warranty Deed #559,514, Land Court Document #431386.
7. Attached as Exhibits “5”, are true and correct copy of documents of Certificate of
Title, #247,825, and/or Land Court Document #1161713.
8. Attached as Exhibits “6”, are true and correct copy of documents of Certificate of
Title #230,810.
9. Attached as Exhibits “7”, are true and correct copy of documents of Land Court
Certificate of Title #340,498 (6,952 sq. feet lot) citing error in transfer to Certificate
of Title #230,810 (4,597,304 sq. feet lot) of encumbrance listed as “Perpetual
Covenants in Doc. 582929”, Land Court Document #1692033.
6. 6
FURTHER AFFIANT SAITH NAUGHT
_________________________________
ANGELA SUE KAAIHUE
Subscribed and sworn to before me
This ____day of _____, 2017.
___________________________________
Notary Public State of Hawaii
My commission expires: ______________
NOTARY CERTIFICATION STATEMENT
Document Date:
No. of Pages (including this page):
Jurisdiction (in which notarial act is performed): First Circuit
Document Description:
Printed Name of Notary:
___________________________________ __________________________
Notary Signature Date of Notarization and
Certification Statement
7. 7
IN THE LAND COURT OF THE STATE OF HAWAII
In the Matter of the Application ) Land Court Application No. 950
Of ) LC Case NO. 17-1-2541
)
Edith Austin & Other )
)
)
To Register and Confirm Title to land )
)
Situate at Waimalu, District of Ewa )
City and County of Honolulu, )
State of Hawaii. )
____________________________________)
EXHIBITS 1-7
1. Transfer Title Certificates/Warranty Deed # 958,921, LC Doc. #3899673, I. 9/16/2009
2. Transfer Title Certificate/QuitClaim Deed # 958,920, LC Doc. # 3899672, 9/14/2009
3. Transfer Title Certificate/Warranty Deed # 567,075, LC. Doc. # 2640535, 11/1/2000
4. Land Court Certificate of Title # 559,514, LC. Doc. # 431386, 7/28/2000
5. Certificate of Title # 247,825, LC. Doc. # 1161713, 3/30/1983
6. Land Court Certificate of Title # 230,810, Doc. ##, 1/26/1981
7. Land Court Certificate of Title # 340,498, LC. Doc. # 1692033, 12/19/1989
8. Land Court Certificate of Title, #284,201. L.C. #169,2033, 7/2/1986
9. Land Court Certificate of Title, #207,256
8. 8
IN THE LAND COURT OF THE STATE OF HAWAII
In the Matter of the Application ) Land Court Application No. 950
)
Of ) LC Case NO. 17-1-2541
)
Edith Austin & Other )
)
) CERTIFICATE OF SERVICE
To Register and Confirm Title to land )
)
Situate at Waimalu, District of Ewa )
City and County of Honolulu, )
State of Hawaii. )
____________________________________)
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing: PETITION OF ANGELA SUE
KAAIHUE AND YONG NAM FRYER FOR DECLARATORY JUDGEMENT
RE: LAND COURT CERTIFICATE OF TITLE NO. 958,921; AFFIDAVIT, EXHIBITS 1-
11, CITATION (Amended), was duly served upon the following parties, by causing said copies
to be mailed by Personal Hand Delivery to their last known address:
Land Court Division,
Karen Hanawahine, Registrar
777 Punchbowl St.
Honolulu, Hi. 96813
DATED: Honolulu, Hawaii, ______________________________
______________________________
ANTHONY FUJII,
ATTORNEY for ANGELA SUE
KAAIHUE, YONG NAM FRYER
