Ponia v Leva [2007] PGDC 7; DC499 (9 May 2007)

DC499

PAPUA NEW GUINEA
[DISTRICT COURT OF JUSTICE]

DCCi NO 100 OF 2006

BETWEEN

YEITH PONIA
Complainant

AND

JACK LEVA
First Defendant

Port Moresby: S GORA
2007: 9 May

Cases Cited

Counsel
Complainant, in person
Defendant, nil appearance

EX- PARTE DECISION

9 May 2007

GORA. S This is an action by the Complainant for recover of monies spent on maintaining and repairing defendant’s vehicle or Taxi/cab. Complainant claims a liquefied sum of K6, 000.00 from the defendant.

2. Summons was served on the defendant on the 16 March 2007 at quarter past one in the afternoon (1:15pm). There were subsequent "Notice of Hearing" issued to the defendant by the Clerk of Court.

3. Defendant has caused no appearance in this proceeding nor has he filed any Notice of Intention to defend and Defence. Complainant on the other hand filed his affidavit in support of his claim on the 29 January 2007 and has relied on this affidavit evidence.

4. Thus in the absence of any defence, the court is entitled to rely only in the affidavit evidence of the Complainant which remains uncontested and having done so, I am satisfied that the Complainant has established his claim through his affidavit evidence. I must therefore enter Judgment in favour of the complainant. However in relation to his claim of K6, 000.00, the Complainant did not provide evidence of how he has come up with this figure. In other words the amount of K6, 000.00 is not supported by any documentary evidence on the amount of money spent on repair and maintenance of the defendant’ vehicle, hence the amount being unjustified. I am therefore unable to order in the sums claimed by the Complainant but instead reduce the amount by half which in my view would be reasonable amount thing to do under the circumstances.

Accordingly, I make the following ex-parte orders:

1. Defendant is hereby ordered to pay to the Complainant the sum of K3, 000.00 being monies spent on repair and maintenance of the said defendant’s vehicle.

2. Defendant is further ordered to pay Complainants costs of K50.00 for and incidental to this proceeding.

3. These sums to be paid within one (1) month.

__________________________

Complainant, in person
Defendant, nil appearance