Kawage v Kaupa [2013] PGDC 2; DC2043 (29 November 2013)

DC2043

IN THE DISTRICT COURT OF PAPUA NEW GUINEA
HELD IN KUNDIAWA

DC NO 05 of 2012

BETWEEN

GRACE KAWAGE
On behalf of Minor Rose Kagl
(Complainant)

AND

GAIKOPE KAUPA
(Defendant/Respondent)

Magistrate: Josephine Kilage, Kundiawa
29 November 2013

Civil Court: Complainant seeks damages for defamatory remarks made to her sister, who is under her custody, by the defendant.

Court Process: Matter adjourned sine dei since 23rd July 2012. No appearance of both parties since 29th March 2012.However neither parties has come to the court to refute or claim the damages sought. This matter is now being heard with the view of summarily disposing it.

Court notice has been given to both parties to attend to court today. Neither party attended court today.

Law: Section 88, Section 89,Section 90, Section 91 of the District Courts Act

Parties to proceeding:

Mrs Grace Kawage: No appearance
Mrs Gai Kope Kaupa: No appearance

Corum: Mrs Kilage-Bal

Held:

➢ The Complainant has not appeared to proceed with this case since filing of summons on 29th March 2011.

➢ This case is dismissed for want of prosecution.

Ruling

➢ Case dismissed for want of prosecution.

Facts:

1. Complainant has taken the summons on behalf or her sister who is a minor under her custody.
   
2. The Defendant is the wife of a coffee buyer who lives next to the Complainant.
   
3. They are neighbors.
   
4. The complainant alleged that the defendant on Monday 29th January 2012 at about 11:00am approached her sister and assaulted her then said the following defamatory words "yu painim moni bilong dispel lapun man ha, nogut mi brukim het bilong yu wataim stone, yu piknini bastrd na ol adoptim yu na ol lain bilong yu olgeta ol drug bodu na nogat gutpela bek graun bilong yupela"
   

(Are you looking for money from this old man ah? I might break your head with a stone. You are a bastard and they adopted you. Your people all are drug bodies and have no good background)

5. The defendant made this statement in front of many customers and family members which caused the complainant and her sister of being hurt and embarrassed.
   
6. The next day 30th January 2012 the Defendant went into the complainant's house and ordered Rose Kagl the minor to vacate the complainant's house and if not she would kill her.
   
7. For the above actions the Complainant sought damages to the sum of K10,000 from the Defendant.
   
8. The complainant filed the summons on 2nd day of March 2013 and the matter was first mentioned in court on 29th March 2013. From the 29th of March 2013 there was no appearance by the complainant or defendant. The matter was adourned on the following dates; 9th May 2012, 30th May 2012, 22nd June 2012, 25th June 2012,23 July 2012 and on all dates mentioned neither party turned up in court.
   

Ratio Decidendum:

On 23rd July 2012 there was no appearance by either party so I had the matter adjourned sine dei. I ordered that the complainant would approach the counter and see the Clerk of Court for a new date for the matter to be mentioned.

From 23rd July 2012 to 29th November 2013 the complainant has not come to the Registry to have a new date set for this matter to be mentioned. Since the first mention until today the complainant has not appeared in court. This is a prolonged matter where the complainant has shown no sign of proceeding with the matter. For the above reasons I make the following order:

The Complainants summons and complaint filed and dated 2nd March 2012 is now dismissed for want of prosecution.

J.Kilage-Bal-Magistrate