Kulum v Bag [2009] PGDC 93; DC995 (30 June 2009)

DC995

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

DCCi 357 of 2007

BETWEEN:

OSCAR KULUM
Complainant

AND:

MARCUS BAG
Defendant

AND:

ABROSE KAIOK
Defendant

Madang: EWilmot

2009: 30 June 2009

CIVIL – Case Details

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Counsel
Kinai & Company Lawyers, for the Complainant
Name Of Lawyer, for the Defendant

2005

E Wilmot: The hearing this morning is on the assessment of damages. The Complainant appears with Counsel Nikents Tombe of Kunai and Company Lawyers. The 1st and 2nd Defendants fail to appear. The hearing is going ahead. The defendant has not filed any submissions on assessment of damages. I will go ahead and hear and determine the question of damages.

The Complainant relies on a submission on Damages filed on 5 September 2009. it has taken this ling for this submission to be heard.

Facts

On 12 October 2007 the complainant was assaulted by the defendants at Malas Village in Madang. He suffers various injuries to his body thus resulting in pain and suffering caused by the actions of the defendants.

On 26 August 2008 judgement was entered against the defendant thus liability has been determined. By courts directions submissions were to be filed supporting the affidavits already filed to assess damages.

Evidence of Injuries

The medical report of Dr Alois Kawa dated 28 August 2007 followed by the medical report of the same doctor on the 18 June 2008 indicated multiple injuries sustained by the complainant. He has suffered injuries to his head jaw ear lobe testicles chest and right shoulder. I have read the report and overwhelmed by the Dr.’s Report.

I am satisfied the complainant has suffered in the hands of the defendant.

The Law

The law on assessment of damages is well established. Damages must be assessed to put the party injured in the position he was prior to the assault. this is hard considering you need to put value to the state of health and enjoyment of life the complainant would have had had it not been for the injuries sustained.

I thank counsel for the complainant for the authorities provided.

Further to this the court must be satisfied the complainant has proven his loss. The onus is on the complainant.

I am satisfied that the complainant has established that he has proven he had a loss and has proven this.

The law on Damages

General Damages:

Again I thank counsel for the authorities brought to draw comparison to this case. I have read the cases and agree with counsel. I find in General Damages I order for the complainant the sum of K3000.

Example Damages

I have considered the counsel application and agree with his submission. I consider the misconduct of the defendant as a breach of the public trust in the police. Their use of force was both excessive and uncalled for. Their actions have tainted the uniform they wear. Theses action must attract damages under this category.

In this I grant orders in favour of the complainant to the sum of K1000.00.

Special Damages

I award special damages per the submission and award K500.

I also award 8% interest and costs.

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Lawyer for the Complainant Name of law firm
Lawyer for the Defendant Name of law firm