David v Sam [2007] PGDC 127; DC670 (18 October 2007)

DC670

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

DCCi 279 of 2007

BETWEEN

JANET DAVID
Plaintiff

AND

KUK YOUNG SAM
Respondent

Goroka: G VETUNAWA
2007: October 18

Cases Cited
Nil

References
Nil

Counsel
Plaintiff: In Person
Respondent: Not Present

18 October 2007

REASONS FOR DECISION

G Vetunawa: This is an application by the plaintiff to commit the respondent into prison for having incurred maintenance arrears in the sum of fourteen thousand and eight hundred kina (K14, 800.00).

2. I noticed that proof of service was filed but the respondent has not officially informed the Court by any means of his reason for not appearing in Court to answer to the application to commit him to prison.

3. There is also no record with the official collector of maintenance of Goroka District Court of any payment done by the respondent. The collector of maintenance has filed the certificate of arrears as evidence to the Court certifying the respondent has failed to pay the arrears of fourteen thousand and eight hundred kina.

4. I am satisfied that the respondent has the arrears as certified and I know convict him and sentence him to twelve months imprisonment in hard labour unless the arrears of K14, 800.00 is paid forthwith and respondent be imprisoned at Bomana CIS.

Plaintiff: In Person
Respondent: Not Present