Porogo v Muma [2013] PGDC 8; DC2049 (29 November 2013)

DC2049

IN THE DISTRICT COURT OF PAPUA NEW GUINEA
HELD IN KUNDIAWA

DC NO 29 of 2012

BETWEEN

JOHN POROGO
( Complainant)

AND

THOMAS MUMA
(Defendant)

Magistrate: Josephine Kilage, Kundiawa
29 November 2013

Civil Court: Complainant seeks damages of K7000 from the defendant. He alleges that the defendant did not repay a personal loan of K3500 principle and K3500 interest component.

Court Process: Summary disposal of a civil case where the parties have not appeared in the District Court for several mentions.

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

Parties to proceeding:

John Porogo: No appearance
Thomas Muma: No appearance

Corum: Mrs Kilage-Bal

Held:

➢ The Complainant has not appeared to proceed with this case since 17th April 2012.
➢ This case is struck for want of prosecution.

Ruling

➢ Case struck for want of prosecution.

Facts:

1. Complainant is lent K3500.00 to the Complainant who needed the money to travel to Port Moresby to collect his final entitlements.
   
2. Defendant is alleged to have borrowed money from the Complainant.
   
3. Upon the understanding that a further K3500.00 would be paid by the defendant to the complainant, the complainant gave the defendant K3,500.00.
   
4. The Defendant received his final entitlements and purchased a 25 seater bus and he is alleged not to have repaid his loan from the Complainant.
   
5. The Complainant filed his summons on 27th March 2012 for damages to the sum of K7000.00.
   
6. The matter was first mentioned in court on 17th April 2012. Neither party turned up. There was no proof of service attached to the court file.Matter was adjourned to 30th April 2012.
   
7. On 30th April 2012 neither the defendant or complainant was not in court and the matter was adjourned sine dei and the complainant was ordered to see the clerk of court to set a new date for the matter to be heard.
   
8. The matter was adjourned sine dei on 30th April 2012.
   
9. From 30th April 2012 to 29th November 2013 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.
   

Ratio Decidendum:

From 17th April 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 case 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 27th March 2012 is now struck out for want of prosecution.

Mrs J.Kilage-Bal
Magistrate