Simbouk v James [2005] PGDC 77; DC293 (11 May 2005)

DC293

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

CASE NO 291 OF 2005

BETWEEN

Pius Simbouk
Complainant

V

Poumai James
Defendant

Port Moresby: Bidar, Pm
2005: 11th May

DECISION

11th May 2005.

BIDAR, PM: This is an action by complainant on behalf of himself and his wife for caring and rearing defendant, since she was three years old, which was in or about 1989. The expenses complaint and his wife expended on defendant’s upbringing and education. Since defendant’s employment, she has not assisted the complainant and his wife financially.

First of all what is the claim based on. Is it contract or what? Secondly, is the claim if any statute barred.

Both parties deposed to affidavits which they rely on. I have read the affidavit evidence too and I find that, basically the complainant claims as I alluded to, all the expenses incurred for rearing and upbringing of the defendant. There is no evidence of any contract either oral or otherwise. There might be something in custom but no custom is pleaded and no evidence is adduced to support such a custom in this proceedings.

Severally, the cause of action if any, arose in 1989, which is some 16 years now. S.16 of Frauds and Limitations Act provides for such cause of action to be brought within 6 years after the accrual of cause of action.

In all the circumstances I find first of all that there is no reasonable cause of action and secondly if there is any, then, such cause of action is brought out of time and is therefore statute barred.

I order that the complaint be dismissed and in the exercise of Court’s discretion I award no costs.

Ordered accordingly

Appeared in Person: Complainant
Appeared in Person: Defendant