Rapenda v Wani [2004] PGDC 17; DC199 (20 January 2004)

DC199

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

CASE NO 20 OF 2001

BETWEEN

Enoch Rapenda
Complainant

V

Steven Wani
Defendant

Mt. Hagen:Appa, P.M

2003: 8th January
2004: 20th January

JUDGEMENT

The complainant claims that on the 17th December, 2000 along Ogelbeng road, the defendant drove his vehicle a Toyota Land Cruiser negligently and collided into the complainant’s car, a Toyota Hiace PMV bus Reg. No. P. 0335 and thereby causing damages to a tune of K6,926.00. The second part of the claim was on economic losses. The complainant’s PMV bus had been in the workshop for repairs for three weeks so he claims for loss of business at K4,500.00.

The complainant had filed his own affidavit in support of his claims and tendered in evidence. In his affidavit complainant tendered a quotation obtained from Ela Motors showing nature and extend of repair work to be done to the damage. He also sets out particulars and calculation on his daily business earnings. He said he travels six days a week between Hagen – Wabag and on a good day earns about K250.00 per day and about K1,500.00 per week. Total calculation stands at K4,500.00.

The court file shows that since the start of the proceeding on 18th June 2001, defendant had failed to turn up. No defence was filed. No notice has given to defend the case. No defence affidavit was filed. Proof of service of summons was filed. Defendant did appear only once on 8th February 2002 for the purpose of setting aside an ex parte order against him, since then he had lost interest in the case.

On the strength of the evidence provided by the complainant judgement is entered in his favour.

On quantum, I considered it necessary to make certain deductions to the claims due to uncertainty on exact losses. I do that in the interest of fairness and justice. There being only one quotation provided, I reduce this part of the claim by K1000.00. For the loss of business, we have to take into account the operational cost. I reduced that part of the claim by K5,000.00 as being reasonable.

It is to be noted that the total initial claim was K11,425.00 which exceeds District Courts jurisdiction so counsel for the complainant consented to waiver the excess and claim for only K10,000.00. The total deduction made is K1,500.00 which brings the balance down to K8,500.00.

I now enter judgement for the complainant for a sum of K8,500.00 plus 8% interest and cost of the proceeding to be settled by the defendant.

Paulus M. Doa Lawyers: Complainant
Kunai & Co. Lawyers: Defendant