Inumu v Irafa [2007] PGDC 103; DC635 (12 December 2007)

DC635

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE
SITTING IN ITS GRADE FIVE CIVIL JURISDICTION]

GFCi 39 of 2007

BETWEEN

SIMON INUMU
Complainant

AND

PETER IRAFA
BARAKOI KORAI
BARANGET FARUKAMI
Defendants

Goroka: M Gauli
2007: December 12

CIVIL - Negligence – Method employed in felling a tree unsafe – caused damage to properties - Damages.

Cases Cited
Nil

References
Nil

Counsel
For the Complainant - In Person
For the Defendants - Barakoi Korai in person
Peter Irafa and Baranget Farukami made no appearance.

12 December 2007

JUDGMENT

M Gauli, PM: The Complainant Simon Inumu claimed damages against the defendants Peter Irafa, Barakoi Korai and Baranget Farukami for damages done to this houses by felling a huge dry tree that crushed into the houses.

2. Undisputed Facts

On the 13 April 2007 at Koningi village, Watabung District in the Eastern Highlands Province, the first defendant Peter Irafa engaged the co-defendants Barakoi Korai and Baranget Farukami to fell a huge dry tree that was posing danger to those residing near it including the complainant Simon Inumu. The defendants did not use ropes to be tied to the tree to direct and control the tree to a clear space when it falls. When the defendants fell the tree, it smashed the kunai house belonging to the complainant’s parents and it smashed half of the complainant’s semi-permanent house. It completely flattened the kunai house. The veranda, living room area and the kitchen of the complainant’s semi-permanent house was completely flattened from the roof down to the flooring. Apart from the buildings the complainant suffered damages to his other personal effects including a two speaker stereo cassette radio valued K250.00, cooking utensils, mattresses, blankets, coffee machine and other items.

3. Issues

There is only one issue for consideration, and that is: “Whether the defendants were negligent in felling the tree.”

4. The complainant was not present at the time the tree was felled and caused damage to his house and other properties. He was out in Goroka town. His witnesses Peter Inumu and David Wanigoro were present. These witnesses did not say whether the defendants took any safe precautions in felling the tree.

5. For the defence evidence, only defendant Barakoi Korai was present in Court and he testified in Court. The defendants Peter Inafai and David Wanigoro were not present. Defendant Barakoi Korai gave evidence that on the morning of the 13 April 2007, defendant Peter Irafa engaged defendants Barakoi and Baranget to chop down a huge dry tree because it was posing danger to those who reside nearby. They just cut it from its trunk and tied a bamboo to the tree to pull it. They did not try to cut down the branches first but they fell the tree with all its branches affixed to the trunk.

6. I consider that the method they employ in felling the dry tree was not safe. To full a huge tree using bamboo is not very safe nor effective while knowing that there are houses within the close proximity of the tree to be felled. I find that the defendants were negligent in the method they employ in felling the tree. And I find them liable for causing damages to the complainant’s houses and his personal effects.

7. Assessment of Damages

The complainant claims K8, 000.00 in damages. The kunai house belonging his parents was completely destroyed. When the complainant rebuilt the kunai house, none of the defendants assisted him.

8. The semi-permanent house cost him K4, 980.51 to build. These costs are mainly for the 23 sheets or corrugated iron roofing 3.6 metres long at K64.37 per sheet, total cost K1, 480.51. Other materials including window frames, window louvers, door and door frames, dead locks, fly wires and security wires for the windows which costs him K3, 500.00. These materials were purchased in around 1990 where costs were a lot lower than if purchased in the year 2007 where the costs have risen. The damage is yet to be repaired.

9. Apart from the buildings and the building materials that were damaged, the complainant suffered the loss of his personal items such as a two speaker stereo radio cassette, cost K250.00, cooking utensils, mattresses, blankets, coffee machine and other items. The cost of individual items are not known.

10. The costs of materials for the buildings and the goods in the shops today are rising almost every months. Although the complainant did not provide material costs at this point in time, the rising cost of goods could not be denied. I would assess the damages to the two houses and the personal effects to a total sum of K6, 000.00 (six thousand Kina). And I would enter a judgment of K6, 000.00 in favour of the complainant. And I made an order for the defendants to pay a sum of K2, 000.00 each to equally share the total damage awarded.

For the Complainant - In Person
For the Defendants - Barakoi Korai in person
Peter Irafa and Baranget Farukami made no appearance.