Naefa trading as Zebs Stationery v Inji [2007] PGDC 21; DC534 (12 April 2007)

DC534

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

GFCi 61 of 2006

BETWEEN

SAMUEL NAEFA trading as ZEBS STATIONERY
Complainant

AND

POMBRI INJI
First Defendant

AND

KOPI MANOVE
Second Defendant

AND

EVENGELICAL LUTHERAN CHURCH OF PAPUA NEW GUINEA Trading as ASAROKA LUTHERAN HIGH SCHOOL
Third Defendant

Goroka: M Gauli
2007: March 19; April 02, 12

CIVIL - Debts – Purchased goods on credit on behalf of the school by the former headmaster – No records of the invoices in the school’s file.

Cases Cited
Nil

References
Nil

Counsel
Mr. K. Pilisa - For the Complainant
Mr. E. Gorosahu - For the Defendants by leave of the Court

12 April 2007

DECISION OF THE COURT

M Gauli, PM: The Complainant claims against the defendants for debts in the sum of K8 723.65 being for the goods supplied to the Third Defendant between August and November 2005 mainly the office stationeries purchased on credit. The Complainant owns and operates Zebs Stationary in Goroka town.

2. The First Defendant is the current headmaster of Asaroka Lutheran High School. The Second Defendant was the chairman of the board of governors of the said school. The Third Defendant owns the Asaroka Lutheran High School.

3. The complainant Mr. Samuel Naefa has only himself who gave evidence while for the Defendants, the First Defendant and the present Board Chairman Mr. Ekime Gorosahu gave evidence. The Defendants denied liability and claimed that the school is not aware of the office stationeries supplied to it.

4. The Complainant’s evidence is that between August and November 2005 the Asaroka High School purchased on credit from the Complainant office stationeries on different dates in which the following invoices were issued:

Invoice No. 0111 dated 29/08/05	K2, 466.00
Invoice No. 0133 dated 03/10/05	1, 190.20
Invoice No. 0183 dated 01/08/05	1, 655.94
Invoice No. 0217 dated 11/10/05	1, 998.70
Invoice No. 0243 dated 01/11/05	1, 424.61
Total:	K8, 723.65

5. These credit purchases were made by the School through its former headmaster Mr. Moses Sagere. Several attempts were made to the school to recoup the outstanding debts but the Third Defendant by its servants or agents failed to pay for the invoices. The Complainant’s main clients are the school institutions and Asaroka High School is one of his clients.

6. For the Defendant’s evidence, Mr. Pombri Inji who is the current headmaster since January 2006 confirmed that in 2005 the headmaster of the Asaroka High School was Mr. Moses Sagere. In the year 2006 Mr. M. Sagere became the deputy to Mr. P. Inji. In April 2006 the Complainant approached Mr. P. Inji of the said debts. Mr. P. Inji checked through the school’s files but there were no records of the said invoices. He also inquired of these with the former headmaster Mr. Moses Sagere but he did not produce any of these invoices. He referred the matter to the school’s board of governors and the board decided not to pay as there were no records to warrant payment.

7. The Second Witness Mr. Ekime Gorosahu is the current Chairman of the school’s Board of Governors since his election on 25th August 2006. In his affidavit evidence tendered by consent and marked EXHIBIT ‘D’ he said 31st October 2006 the Board resolved that since the School’s Administration did not have any records of the Complainant’s claim the school owes nothing to the Complainant.

8. The stationeries are alleged to have been supplied to the school in the year 2005 at the time Mr. Moses Sagere was the headmaster of the school. There is no record of those Invoices found in the school’s files. The former headmaster Mr. M. Sagere had not been called to give evidence nor filed affidavit in Court. He was even requested by the present headmaster Mr. Pombri Inji to provide those invoices but he failed to do so. If the stationeries were genuinely requested for by the school and for the school then it is doubtful as to why those invoices have not been kept in the school’s administration files for payment by the school.

9. From the Complainant’s evidence there can be without doubt that the goods were supplied to the school. However the question is whether those goods actually reached the school. There is no evidence that the Complainant actually delivered the goods himself or by his servant or agent to the school. It would appear that the former headmaster Mr. Moses Sagere or anyone of the school’s agents or servants may have collected the goods from the Zebs Stationeries.

10. Considering the fact that none of those invoices have been found in the school’s files and the former headmaster’s failure to assist the present headmaster of the school of the situations of those invoices. I could not be satisfied that the goods prescribed in those invoices were ordered for the school nor did they reached the school. And I find that the school would not be held liable.

11. One other thing to note is that the First Defendant was not the headmaster of the school in the year 2005. As such he could not be sued as a party in the proceedings. The headmaster of the school that should have been sued as one of the parties is the person who was the headmaster in the year 2005 who placed those orders and received the goods on behalf of the Asaroka High School.

12. Having satisfied on the balance of probabilities that the School did not receive the goods in that there were no records of those invoices found in their files the school could not be held liable. And I order that the case be dismissed.

For the Complainant – Mr. Kamo Pilisa of Pilisa Lawyers
For the Defendants – Mr. Ekime Gorosahu (Board Chairman)