Ongugo v Managing Director Ok Corporation Ltd [2003] PGDC 3; DC92 (1 January 2003)

DC92

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

CASE NO 243 OF 2002

BETWEEN

WAIBUKO ONGUGO
Complainant

AND

MANAGING DIRECTOR OK CORPORATION LIMITED

Defendant

Mount Hagen

S W Seneka
2003

SENEKA: Complainant claims that defendant allowed his tractor to damage complainant's food garden while looking for criminals who held his paymaster in September, 2001.

Complainant claim damages for K603.00

Cost for travel to and from K363.00

Cost of summons K58.00

Service fee K20.00

Total of K1, 044.00

On 27/08/01 at Kondopina, the defendant or Ok Corporation were held up by criminals. The criminals were chased by the labours or employees of Ok Corporation and by tractor criminals ran to his block of land. All his crops were damaged. Other people also came to see the chase.

Complainant approached the Ok Corporation Office for compensation but no response. Rural Development Officer assisted him to value the damaged crops which came to K603.00.

He had two witnesses and one Peter Noki was one of them chasing the criminal. They chased the criminal towards Complainant's block. They covered a lot of damages. The other is Usi Palgau of Kondopina Village Court Peace Officer.

He saw the damaged crops as a result of Ok Corporation pursuing the criminal. The damages done were on 27/08/01 and he went and inspected the sight on 30/08/01.

There were eye witnesses who saw how the damage was made but they did not explain to court which sort of damage and who was causing the damage. They were indeed evidenced that damage were made to the complainant's food crops. Village Court Peace Officer saw it but did not describe. Rural Bank officer attended the scene and valued the crops.

I believe that that is sufficient to show that defendant's employee were indeed involved and one claim of K603.00 is also granted.

Cost of travel for K363.00 and cost of summons of K34.00 will also be award total by K1, 000.00.

Lawyer for the Complainant In person

Lawyer for the Defendant Mr. Yallal