Towa v Jim [2003] PGDC 15; DC175 (14 February 2003)

DC175

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

CASE NO 13 OF 2002

BETWEEN

Yambe Towa
Complainant

V

Paul Jim
First Defendant

Boroko Motors
Second Defendant

Mt. Hagen: Appa, P.M.
2003: 5th, 14th February

JUDGMENT

The complainant sued the defendants for recovery action. He claims that on 28th August 2000 he called into Boroko Motors agent office at Mt. Hagen to inquire about trading in his Isuzu truck for a new Kia truck. The first defendant, as a salesman quoted the complainant’s Isuzu truck at K27,000.00 and cash deposit at K8,780.00 to met cost of the new Kia truck which was for K65,780.00. The balance was to be met by A.G.C. Finance to be arranged for by the first defendant as under taken.

On 28th September 2000, complainant made a cash deposit of K3000.00 under receipt No. 119472. On 31st October 2000, complainant made another cash deposit of K1,800.00 on receipt No. 11499 bringing the total cash deposit to K4,800.00. Sometimes in January 2001 complainant called into Boroko Motors to make final deposit of K3,980.00 but only to be told that Boroko Motors agent in Mt. Hagen was closed for business. He travelled to Lae two times to find out but was told that his deposit did not appear on the company computer records. His many attempts to recover his money had not been successful so he took out summons.

Defence denied liability. However, on 28/11/2002 Mr. Peri for defence had indicated to the court that the second defendant had offer to settle the matter so case was adjourned for two weeks to confirm. Mr. Peri did not turn up on subsequent adjournments to inform the court on the latest development so complainant had applied for ex parte hearing on 5/2/03 which was granted.

The complainant had tendered his affidavit in support of his claim.

Court was satisfied on balance of probabilities that liability was established. The complainant had produced the two receipts issued by Boroko Motors. The first defendant was the salesman at the time of the transaction which was done during the company official time. The two receipts were the company’s official documents.

In the circumstances, I find the complainant and enter judgement against the second defendant for a sum of K4,800.00 in principal debts. Complainant also claims K700.00 being incidental cost while travelling between Hagen – Lae – Hagen but no particulars provided so I can only make a global award at K300.00. I make no orders for exemplary damage. The judgment debt to be settled is at K5,100.00 plus 8% interest on it, to start from date of summons to settlement date.

In Person: Complainant
Warner Shand Lawyers: Defendant