Okuna V. Nakahuna

Matsuhei Okuna, plaintiff-appellant, brought an action pursuant to Chapter 669 of the Hawaii Revised Statutes (1976) seeking to quiet title to a parcel of land*fn1 located in Punaluu, Ka'u, County of Hawaii. His complaint alleged, in essence, that appellant and his predecessors in interest had acquired title to the subject parcel by adverse possession and that appellant was therefore entitled to a decree adjudging him the true owner of the property. In her answer and counterclaim, Helen E. Dahlberg, defendant-appellee, denied appellant's allegations as to acquiring title by adverse possession and sought to quiet title in herself by virtue of deed and adverse possession.*fn2 After a trial without jury, the court below concluded, inter alia, that appellant had failed to establish title by adverse possession because he had not shown the required element of hostility by clear and positive proof. The court also concluded that appellee had not proven ownership either by adverse possession or by deed. This appeal followed.