Kanut v Mus [2000] PGDC 24; DC151 (2 August 2000)

DC151

Papua New Guinea
[District Court of Justice]

CASE NO 291 OF 2000

Charlie Kanut
Applicant

V

Mr Mus
First Defendant

Mrs. Mus
Second Defendant

Mrs. Rupi Charlie
Third Defendant

Goroka: Manue F
2nd August 2000

Cases Cited

SEEKING DECLARATORY ORDERS

The Applicant seeks declaratory orders pursuant to section 22 of the District Court Act, Chp. No. 40 PNGRL.

The section is reproduced as:-

22. General ancillary jurisdiction.

Subject to this Act, a Court as regards a cause of action for the time being within its jurisdiction shall, in proceedings before it –

- grant such relief, redress or remedy, or combination of remedies, whether absolute or conditional; and

- give the same effect to every ground of defense or counter claim, whether equitable or legal, as ought to be granted or given in a similar case by the National Court and in as full and ample a manner.

The applicant has not filed any affidavit in support of his application but relies on his statement of claim, and the powers of the District Court as cited in his application.

In exercising its powers under the section 22, the District Court must be satisfied on three preliminary matters.

- That there is a cause of action pending in the District Court or in a Court for that matter.

- That the Court exercising jurisdiction must exercise it within its Jurisdiction, and

- Those powers being exercised are subject to the District Court Act.

As to the first requirement, the Applicant has not shown, nor is there a Court of action pending in neither this Court nor any other Court. All he is seeking declaratory orders that:-

(a) The actions of the first and second defendants are wrongful interference in the marriage of the complainant and the third defendant.

(b)The first and second defendants give undertaking or appropriate security to the Court to leave the third Defendant and the Complainant alone.

(c) The third defendant to return to her matrimonial home with the complainant.

(d) . . .

(e) . . .

The application is prematurely conceived and unless a complaint/information made under Division 1 of the District Courts Act, the Court has no ancillary powers to exercise under section 22 of the Act.

Furthermore the District Court as a creature of an Act of Parliament, is bound to exercise powers within the jurisdiction of the Court.

By section 14, the proclamation and establishment of the Courts are made by the Judicial Legal Services Commission, for which Eastern Highlands has been proclaimed as a District Court area.

Although there is no cause of action pending the whole matter, as per the document filed in Court, arose in Lae, Morobe Province.

In Summary:

I am of the view that, any cause of action taken be instituted in the Morobe District Court area.

For the foregoing reasons, this Court declines to entertain the matter.