Moka v Yora [2002] PGDC 27; DC394 (10 July 2002)

DC394

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

CASE NO 61 OF 2001

BETWEEN

Anis Moka
Complainants

V

Peter Apaki Yora
First Defendant

Pastor Dominic Rai
Second Defendant

The Church of Ministries
Third Defendant

Mt. Hagen: Appa, P.M.
2002: 05th, 19th April; 10th July

JUDGMENT

The complainant was the owner of a Tavern situated near Hagen Park Motel. He said the first and second defendants who were Pastors of the Church Miracle Ministries negotiated to lease the vacant Tavern building for church activities and on the 17th November 1999, they signed an agreement and witnessed by certain leaders. According to the agreement, in paragraph two, it refers to sale of the building to the defendants but no selling price was mentioned. However, in hand written it was inserted that part payment or deposit of K200.00 was made on the execution day. Since then (17.11.1999) no further payment was made. According to the complainant, while the defendants were in possession of the building they have done a lot of damages to the building and eventually the two pastors broke up and abandoned the property without making any payment which prompted the complainant to take out this proceeding. It was alleged that during the conversion of the Tavern building into church hall total value of damages assessed was at K9,963.58 based on quotation produced. It would take that amount of money to put the building back to its original state.

It is evident from the statement of claim that the complaint is about the damages done to the building rather than enforcement of the agreement. The damage done was the result of non-compliance of the initial lease or sale agreement. Since the issuance of the summons, the defendants failed to turn up to defend the case which enhanced the case to be heard ex parte.

The complainant tendered his own affidavit and those of his three witnesses who were present at the agreement.

I am satisfied with the complainant’s case that liability was established against the first and second defendants who were negligent in not complying with the purchase/lease agreement and instead have done damages to the complainant’s building and have walked out of their obligations. The two defendants should be personally liable for the damages. The third defendant was not proven to be a registered church to be sued.

On the issue of quantum, complainant estimated damages done to the building at K9,963.58 basing on a quotation obtained from Timberline Hard ware Ltd. Since we cannot be sure of the exact value of the damage, I make some deductions. I allow for K6,000.00 to be equally shared by the first and second defendants. That is, each defendant to pay K3,000.00 to the complainant.

I enter judgment for the complainant for a sum of K6,000.00, each defendant to pay K3,000.00 either in cash or in kind within two months from the date the order was served on the defendants.

Dated this 10th day of July, 2002 at Mt. Hagen.

MR. RAPHAEL APPA
Presiding Magistrate