Giheno v Rute [2008] PGDC 123; DC845 (19 November 2008)

DC845

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

DCCi No. 464 of 2008

BETWEEN:

RONNIE GIHENO
Complainant

AND:

KAIYAPAS RUTE
Defendant

Goroka: M. IPANG
2008: October 21
November 14, 19

CONTRACT LAW - Clear case of breach of contact. Offer – acceptance – Defendant offer to pay K2, 000.00 with interest – complainant accepted the offer and gave K2, 000.00 to the defendant. Defendant based on another transaction – where he supplied building materials tried to off-set the sum of K2, 000.00.

Cases Cited
Nil

References
Ni

Counsel:
Complainant In Person, for the Complainant
Defendant In Person, for the Defendant

19th November 2008

DECISION

M Ipang Magistrate: Complainant Ronnie Giheno sued Defendant Kaiyapas Rute for breach of Contract. He claimed that sometimes in April 2007, defendant approached him to loan him the sum of K2, 000.00 where he would repay the sum with interests. Complainant loaned him the sum of K2, 000.00 but waited for the defendant to repay him the money with interests but defendant failed to keep to his promise. Because of this, he took out summons for the Defendant.

2. Defendant Kaiyapas Rute on the other end argued that he made a deal for exchange of building materials;

1. 26 x plywood at K48.00 each	= K1, 261.00
2. 4 x plywood at K104.00 each	= K 412.00
3. 1 x vanish	= K 172.00
4. 3 x lock set (K17.50 each)	= K 53.00
5. 1 x coffin	= K 400.00
Total	= K2, 298.00

3. Defendant in his affidavit paragraph 5 filed 13th November 2008 stated, “ that K2, 000.00 was to paid out that materials were already transported to his custody worth K2, 298.00 and nothing else we can do.”

4. Issue.
The only issue I need to determine is; Whether it was initially contemplated between both parties that building materials worth K2, 298.00 would off-set the loaned money of K2, 000.00.

5. 19th November Proceeding.
When the matter was brought up on the 19th of November 2008, Complainant stressed his case that there was no strings attached to him giving loan of K2, 000.00 to the Defendant. He told the Court that the claim raised by Defendant of supplying him the building materials worth K2, 298.00 is a separate transaction which defendant is at liberty to raise it at another appropriate forum.

6. The Court allowed Defendant to make a response to concern raised by the Complainant, the Defendant agreed. Based on the reply given by defendant, the court granted judgment in favour of the Complainant.

_________________________

Counsel:

Complainant In Person, for the Complainant
Defendant In Person, for the Defendant