Michael v Kiwi [2008] PGDC 125; DC846 (10 December 2008)

DC846

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

DCCi No. 444 of 2008

BETWEEN:

JOHN MICHAEL
Complainant

AND:

YAU KIWI
Defendant

Goroka: M. IPANG
2008: October 21
November 11, 14, 19, 21
December 01, 04, 10

CIVIL LAW - Claimant seeking for services rendered – Claimant is the brother In-law of the Defendant – whether there is intention to create a legal relationship – some parts installed in the vehicle – Defendant not aware and therefore not obligated to pay for these vehicle parts.

Cases Cited
Nil

References
Ni

Counsel
Complainant in Person, for the Complainant
Defendant in Person, for the Defendant

10th December, 2008

DECISION

M Ipang: John Michael the brother In-law of Defendant Yau Kiwi sued him for non-payment of services he claimed rendered to Mr. Kiwi in the sum of K3, 200.00. Mr. Michael claimed for the vehicle parts supplied to the defendant and for non-payment for transporting defendant and his properties from Lapegu to Goroka market and back. Complainant Michael claimed the sum of K3, 200.00 plus interests pursuant to Judicial Proceedings (Interest on Debts and Damages) Act, Chapter 52, and costs.

2. Defendant Yau Kiwi denied the complaint in its totality. He said John Michael did not do any work at all on his vehicle Kijang Reg. No. CAN 936.

3. Issues:

-Whether John Michael supplied any of vehicle parts to the Defendant.

-Whether John Michael transported Defendant and his properties from Lapegu to Goroka market and back.

-Whether Yau Kiwi engaged the services of John Michael.

-Whether there existed intention to create legal relationship between John Michael and Yau Kiwi who share relationship of “brother In-law.”

4. Complainants Case:

Complainant gave evidence that Defendant who is married to his sister Betty Michael wanted to buy a vehicle. He said it was through him that he made everything possible for the defendant to purchased a vehicle Kijang Reg. No. CAN 936. Complainant is a mechanic who owns a workshop in Madang assisted fitting some of his parts to the vehicle prior to the owner of the vehicle sold the vehicle to the defendant.

5. He also said because of him, the owner of the vehicle sold it at a low K4, 000.00 price. He assisted Defendant to bring the vehicle from Madang to Goroka to Lapegu. He said otherwise he has no business to do in Goroka. Peter Michael, the complainant’s brother gave supporting evidence.

6. After the Court found out that complainant is the brother In-law of Defendant, the hearing was suspended and a mediation was held in my chamber. The aim of the mediation was to get both parties to come to compromise and resolve the matter amicably.

7. During this mediation Mrs. Betty Michael Kiwi admitted Defendant use some vehicle spare parts of in his vehicle. She said spare tyre and other items. Her admittance led me to question the integrity, and honesty of Defendant. I find during mediation defendant a very hardcore stubborn person who can not easily admit the truth and is always a “lieutenant of left-wing” argument. As a result of his stubbornness the compromise can be reached and mediation was put-off.

8. Matter then continued trial in court. Defendant Yau Kiwi gave evidence. He relied on his affidavit sworn and filed on the 18th of November 2008. He tendered some receipts and invoices supporting his evidence on parts the vehicle he bought. He denied any services provided by the complainant. In court, Betty Michael Kiwi denied no parts supplied by complainant.

RULING

If what Yau Kiwi said was true, then he did not give any reason why complainant acted as a middle man to facilitate the sale and purchase of the vehicle. I agreed with most of what is stated in Yau Kiwi’s affidavit. But from evidence adduced, I disagree with paragraph 23 of his affidavit. There is clear evidence that complainant worked on defendant’s vehicle and transported defendant’s chickens to Goroka market and back to Lapegu. I find Yau Kiwi to be an unsympathetic person. He did not state for what reason complainant travelled from Madang to Goroka on the purchased vehicle.

After all, John Michael made everything possible for Yau Kiwi to purchase the vehicle at lowest price of K4,000.00. Thereafter escorted the vehicle from Madang to Goroka then to Lapegu. He provided spare type for the vehicle and other parts as confirmed by his sister Betty during mediation. Yau Kiwi just could not compromise for what his brother In-law John Michael has done for him; minus the parts he fitted in to the vehicle prior to purchase of the vehicle by Yau Kiwi.

Because of what John Michael has done for Yau Kiwi, he deserved to be fairly compensated so that he can travel back to Madang. There is no intention to create legal relationship. But Melanesian culture depicts that Yau Kiwi need to thank his brother in-law John Michael for what he has done for him.

I enter judgment for the complainant in the sum of K1500.00 for services and parts of the vehicle payment shall be paid in full to the complainant within 03 weeks from date of this judgment.

________________________________

Complainant in Person, for the Complainant
Defendant in Person, for the Defendant