Sio v Maiyo [2009] PGDC 39; DC926 (3 June 2009)

DC926

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

DC NO. 35 of 2009

BETWEEN

STEVEN SIO
Complainant

AND

PIUS MAIYO
Defendant

Aitape: M Samala
2009: 03 June

CIVIL - Recovery of money, Liability admission, Defendant ordered to repay or make delivery of sawn timbers as preferred by Plaintiff

Cases Cited:
Nil

References:
Nil

Counsel:

In person, the Complainant
In person, the Defendant

03 June 2009

M Samala: Complainant sues the Defendant for failing to supply sawn timber at the value of K500.00 in money paid to Defendant on 24 June 2008, last year and is seeking for orders for delivery of the timber or reimbursement of the said money.

2. Defendant an owner of portable saw mill doing milling business admitted liability to owing the complainant in the amount claimed and said he will reimburse or to deliver sawn timber as preferred by complainant within two weeks.

3. However, the Complainant alleged that on 24 June 2008 he and Defendant entered into an agreement for supply of sawn timber by defendant’s milling business. He then paid K500 but for over one year now he waited and waited, Defendant did nothing and never come good with K500.00 worth of timber he promised.

4. Therefore, he has no option but coming to Court seeking orders either for Defendant to supply him his money worth timber promised or to reimburse the money since it is quite a long time waiting while defendant failed to inform him of what is happening and delaying delivery.

5. Defendant has admitted liability and requested for extension of time by two weeks for him to supply the timber or to reimburse the K500.00 as preferred. Complainant consented to extension of time requested.

6. Accordingly, the Court orders that Defendant either reimburse the sum of K500 within two weeks or to make good the delivery of sawn timber at the value of K500 within two weeks in default Execution Warrant to be issued.

Orders accordingly.

____________________________

Unrepresented matter