Godi v Wamil [2017] PGDC 23; DC3021 (28 July 2017)

DC3021
PAPUA NEW GUINEA

[IN THE DISTRICT COURT OF JUSTICE

SITTING IN ITS GRADE FIVE CIVIL COURT JURISDICTION]

GFCi: 22of 2017

BETWEEN

BOGA TAU GODI

Complainant

AND

DICKSON WAMIL

Defendant

Goroka: R. APPA, PM

2017: July 17, 28

CIVIL –

Cases Cited:
Nil

References:
Nil

Counsels:
Nil

28^thJuly, 2017

REASONS FOR DECISION

R. APPA, PM: This is a debt recovery case. The parties have entered into a verbal agreement on 29^th March 2016 for the defendant to rent complaint’s house situated at Arabica street in Goroka town at the rate of K1500.00 per month. The property is at section 32, Lot 4.
-2-

2. The defendant moved onto the property on 29^th March, 2016 and made first payment of K1, 500.00 and thereafter made a total payment of K5, 000.00 up to June but stopped due to financial problem. Another payment of K1, 000.00 was made on 13.10.16.

3. Due to nonpayment of outstanding rentals, the defendant was locked out of the house on 16^th January 2017. The defendant admitted that he owed the complainant five months and 18 days rental payment at K1, 000.00 per month based on reviewed rental due to bad condition of the house.

4. The complainant claims K10, 000.00 based at K1, 500.00 per month rental for 09 months outstanding.

5. Court found it difficult to understand the actual terms and conditions of the deal or lease agreement simply because parties did not reduce it in writing. They made casual approach in the deal. They expected no problem to arise.

6. Court found from the sketchy evidence presented that defendant had actually been occupying the property for a total of 09 months. Four months payment was made and five months yet to pay. There was no dispute that the house was in bad condition and no renovation was done so court accepted the defence claim that rent was reduced to K1, 000.00 as of 27^th May 2016 when June payment was made on that date withK1, 000.00 to the complainant.

7. Court assessed that K5, 000.00 is still owed by the defendant but an additional K1, 000.00 is awarded by way of interest.

Orders: The defendant is hereby ordered to pay the complainant K6, 000.00 payable on or before 28^th August, 2017.

Dated this 28^th day of July 2017 at Goroka.

Counsels:
Nil