Good news for moto-Komusubi Asahiyutaka

[Doitsuyama 1,259]

Court rules on sumo family battle

The Tokyo High Court on Wednesday threw out a case filed by a former sumo stablemaster seeking 175 million yen in compensation from his successor and son-in-law.

Former sekiwake Haguroyama, 69, sought the money in return for transferring the title of toshiyori (sumo elder) to former komusubi Asahiyutaka, 35.

The title permitted his son-in-law to run a sumo stable and serve as a senior member of the Japan Sumo Association until mandatory retirement at age 65.

The high court ruling reversed a Tokyo District Court ruling in February last year.

The district court had ordered Asahiyukata, who is currently master of the Tatsunami Stable, to pay in full the 175 million yen sought by Haguroyama.

Nullifying the decision made by the lower court, presiding Judge Hiromu Emi of the high court said there had been no explicit agreement between the two about payment for the transfer of the title when Asahiyutaka was permitted to inherit the status of stablemaster in 1999.

The new master of Tatsunami stable had married his former boss's daughter four years before the transfer took place.

After the elder man retired from the sumo association at the mandatory age of 65 and had his toshiyori title transferred to the current stablemaster, the two found themselves at odds over how to run the stable, according to the ruling.

The plaintiff then sought payment for the transfer "in line with the practice of buying and selling stablemaster titles," the ruling said.

Regarding the value of the toshiyori title, the ruling said it carries an "extremely high financial value," since it often is traded at prices above 100 million yen.

The association, however, has taken a stand against authorizing such practices, the ruling said.

Admitting that toshiyori title deals have taken place on an informal basis, however, the ruling said such deals should be based on an agreement among the parties involved.

As far as the Tatsunami stablemaster title transfer is concerned, the ruling said there was no accord between the plaintiff and defendant, rejecting the former stablemaster's argument that there had been an "oral agreement" at the time of the transfer.

The district court had acknowledged the oral agreement and ordered Asahiyutaka to pay 175 million yen in return for obtaining the toshiyori title.

Asahiyutaka later decided to appeal this decision.

Association officials refused to make any comment on the high court decision, saying affairs involving transfers of toshiyori titles were entirely up to the individuals involved.