Mombi v Mawi [2007] PGDC 48; DC562 (26 February 2007)

DC562

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

DCCi 359 - 375 OF 2006

BETWEEN

STEVEN & LILIAN MOMBI
1st Complainant

FELIXIA SOGOROMO
2nd Complainant

KAPIA HAREMBE
3rd Complainant

AND

PAUL MAWI
1st Defendant

CLEMENT MOMORING
2nd Defendant

PAULINUS MAWIROMO
3rd Defendant

Wewak: J.Singomat
2007: February 20, 21, 22, 26

CIVIL - An application under s 209, 210 District Courts Act – Evidence of bad character by direct and circumstantial evidence necessary – Denial of truth of complaints.

Court Held: Proof established of based on evidence on the balance of probabilities. (i.e. on civil standard).

Cases Cited
No cases cited.

References

Counsel
Complainants in Person
Defendants in Person

February 26: 2007

JUDGEMENT

J. Singomat: There are two separate complaints of two separate distinctive incidences. Steven Mombi (SM) and others complained of incidences of threats, abuses (verbal and physical) by the defendants Paul Mawi and Clement Momoring (Defendant) for use of verbal threats and abuses towards her and the children at her premises on or about 01st April 2006.

2. All defendants denied the allegations made against each of them. However, each defendant gave an account of what he did or say on specific dates quite different to the dates of incidences which the separate complaints alleged of them.

3. Steven Mombi and others gave evidence that he took his deceased father’s (dead) body for burial on (a Friday) 25th August 2006. About 6:30 to 7:30 pm or thereafter on that date (25th August) defendants Paul Mawi and Clement Momoring went to Steven Mombi’s premises and used verbal abuses and threats while at the same time properties of the said Steven Mombi including the house itself. Paul Mawi and co-defendant, Clement Momoring never made any mention of the incidence on 25th August 2006 but of what occurred on a completely different date earlier in the year (specifically, 4th March, 2006). Paulinus Mawiromo on the other hand admitted going near Complainant, Kapia Harembe’s house on the date in question but denied using harsh and oppressive words of abuse and threats to her and the family. He said he only warn them to prepare to leave the premises as the land was not theirs.

4. The Court has indications that the defendants in the past did not confront the complainants at each of their places of residences. It was only after the payment of Land Royalty monies for which there was some dissatisfaction amongst the members of Saure Villagers (including the defendants) that the alleged threats of verbal and physical attacks to the lives and properties commenced early 2006 to even February, 2007. For instance, there is evidence before this Court that the defendant Paulinus Mawiromo continues to harass and abuse the Harembe family (see evidence of Laura Harembe) up to early February 2007).

5. In the light of the circumstances of both cases it is the humble view of the Court that each of the defendant is a person of evil fame and character, and so held each of them responsible on the allegations made against them each and severally.

6. Therefore, this Court orders this;

6.1 Defendants, Paul Mawi, Clement Mororing and Paulinus Mawiromo and or their children and relatives and their agents shall not;

6.1-1 go into or go within 50 metres of the premises of each of the named complainants (above), and

6.1-2 use or threaten to use verbal or physical force and or gestures towards the named complainants, Steven Mombi, Lilian Mombi, Felixia Sogoromo and Kapia Harembe and any members of their families, and

6.1-3 use force or damage the properties of the said complainants, and

6.1-4 the defendants, Paul Mawi shall pay K600-00 costs of damage done to the properties of Steven and Lilian Mombi by or on 31 June 2007, and

6.1-5 each of the three (3) named defendants shall keep peace with the named complainants and their properties and that of their immediate family members, and

6.1-6 that each of the said defendants shall keep peace with all the laws of the Independent State of Papua New Guinea, and

6.2 The said Paul Mawi, Clement Momoring and the said Paulinus Mawiromo each shall be required to keep peace with the said Steven Mombi, Lilian Mombi, Felixia Sogoromo and Kapia Harembe for three years commencing 26 February 2007.

Complainants in Person
Defendants in Person