Ango v More [2004] PGDC 32; DC208 (4 March 2004)

DC208

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

CASE No 48 of 2003

BETWEEN

KEN BAY ANGO
Complainant

V

THOMAS MORE
Defendant

REASONS FOR DECISION

18th November 2003, and 5th February and 4th March. 2004.

KORONAI, PM: This is a Claim for payment of K9,084.00 by the Complainant against the defendant over the processing of 1007 bags of wet coffee beans.

Counsel
Complainant In Person
No Appearance By Defendant.

Facts:

The Complainant is the proprieties of Bayango Holdings Pty Ltd of PO Box 1618, Goroka, that process Parchment Coffee into Green beans. The defendant is a seller of Coffee and whose address is PO Box 1595, Goroka.

On the 10th of August 2003, the defendant approached the Complainant at this Coffee Mill at two Mile, Goroka and enquired about this Mills processing rate in processing Coffee and when advised asked if he could do business with the Complainant, whoa greed and said a formal agreement would be drawn up later.

Then on the 12th of August, 2003, defendant came into the ' Complainant's Mill'" with first load of parchment Coffee totaling 170 bag and followed by more totaling 1208 bags which were processed at the Mill into 1007 bags of green Coffee beans at the rate of K12.00 per bag totaling K12,084.00 being processing fee.

The defendant made the first pay of K2000.00 for this processing fee on 15th August, 2003 and made a second payment of K1000.00 on 19th of August, 2003, leaving the balance of K9,048.00 yet to be paid.

Defendant was approached by the Complainant many times to settle this outstanding processing fee but continued to give excuses with promises that he will pay up but failed so matter ended up in this Court.

The defendant has continued to fail to appear in Court or file any affidavits in response that is his problem and now he cannot complain if an order is made against him.

Issue:

Whether there is a binding agreement between the parties for which the defendant has failed to honour his part of the agreement.

The Law:

The Laws of Contract covers this arrangement between the parties.

Evidence:

Facts as proven by evidence show that the defendant inquired at the Complainant's processing mill about their rates for processing parchment Coffee arid when advised he inquired if he could have his processed at their mill for which the Complainant accepted. The agreed rate was K12.00 per bag and the Complainant processed the defendant’s 1208 bags of parchment Coffee beans at the total of K12,084.00 for which he has made part payment of K3000.00 and K9,048.00 is yet to be paid.

Clearly there was a binding' agreement between the parties for which the defendant has failed to fulfill his part in not paying the Complainant the remaining amount of K9048.00 being part payment of processing fee.

Conclusion:

From the above reasoning I find this complaint to be proven on the balance of probabilities.

Formal Orders:

The formal Orders of this Court are:-

1. Defendant is ordered to pay to the Complainant the Sum of K9048.00.
   
2. Defendant is ordered to pay 80/0 interests of the principle Sum for 127 days totaling K3148.00.
   
3. Defendant is ordered to pay K1.60 being Court Costs of the Complainant.
   
4. Such payments totaling K12,197.60 is to be paid by or before 30th March, 2004.
   
5. Parties have 30 days from 5th March 2004 to appeal against this decision to the National Court if aggrieved by it.
   

In Person: Complainant
No Appearance: Defendant