Tei v Manager of Engineering Division [2004] PGDC 57; DC371 (4 October 2004)

DC371

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

CASE NO 129 OF 2001

BETWEEN

Gabriel Tei for and on Behalf of Himself and
Members of Menge Clan
Complainant

V

The Manager of Engineering Division
First Defendant

Western Highlands Provincial Government
Second Defendant

Mt. Hagen: Appa, P M
2004: 21st April, 4th October

JUDGEMENT

This is a claim for an outstanding payment being for construction of a bridge at Tuman River in 1997 under the community Services Project. The total claim was for K20, 000.00 but K10, 000.00 part payment was already made and they are now claiming the balance of K10, 000.00. Case was closed but due to my transfer to Mendi, decision was delayed.

There was no dispute that the bridge was constructed but defence denied liability saying no relevant authorities had authorized the construction of the bridge.

There is no need to write a long judgment giving reasons because even though the work was not authorized, as defence denied, work was already done and claim was lodged with the relevant authority and part payment was made. This was an acknowledgement that service was provided to meet the needs of the community where so payment should be completed under the Quantum merit basis, as far as work was done. The service provided could not be retrieved.

I enter judgment for the complainant for a sum of K10.000.00 in final payment plus 8% interest to run from the date of summons to judgment date and cost of the proceeding. The judgment debt to be settled by the second defendant (Western Highlands Provincial Government) forthwith upon the service of the judgment.

Kunai & Co. Lawyer: Complainant
Paulus M. Dowa Lawyer: Defendant