Robbie v Wantape [2001] PGDC 30; DC456 (12 September 2001)

DC456

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

CASE NO 111 OF 2000

BETWEEN

Takil Robbie
Complainant

V

Mathew Wantape
First Defendant

Mul Local Level Government Council
Second Defendant

Mt. Hagen: Appa, P.M.
2001: 17th August, 12 September

JUDGMENT

The complainant claims that by an agreement with the defendants he had supplied 290 pieces of timbers to build bridges in Mul District. He claims that the total value of the timbers supplied was K19,459.00 and part payment of K10,320.00 was made but the balance of K9,139.00 still remains due. Complainant produced a letter which the President, the first defendant had signed to acknowledge that complainant was still owed K9,239.00 to be paid in 2000 budget allocation. The first defendant admitted signing the letter but said he signed it without reading what it was for. He took it that it was about a guarantee letter for bank loan.

The defendant have denied the whole claim and first defendant had filed his affidavit which was considered. Defence admitted that a total of 290 timbers were supplied but said the agreed price was K10,320.00 as per the quotation provided and payment was already made. There was nothing outstanding.

It was noted on an annexed document to complainant’s affidavit sworn on 24th July 2001 which appeared to be a quotation provided to the defendants dated 17th November, 1999. On this quotation the amount appeared as K19,459.00 for supply of 290 timbers.

Court also noted another quotation provided to the defendants dated 18th October 1999 to supply 290 timbers for a sum of K10,320.00. This quotation was produced by the first defendant as the one he relied on and made the payment. I do not know which one was the correct one. It would have become clear if there was a full trial to decide on the issue.

After considering the evidence from both sides, I have decided to accept the complainant’s version of the claim mainly because the first defendant did sign the acknowledge letter referred to earlier which was typed in heavy print that it was about the outstanding payment for K9,139.00. There was no excuse because the President appeared to be conversant with English language since most of his correspondences were made in English, copies of those were tendered in court.

I find that on the balance of probabilities liability was established.

On quantum, it was a quantified claim so I make no deduction.

I enter judgment for the complainant for a sum of K9,139.00 plus 8% interest to run from date of summons and reasonable cost to be paid by the second defendant.

Dated this 12th day of September 2001 at Mount Hagen

RAPHAEL APPA
By the Court.