Kirio v Kitoro [2017] PGDC 32; DC3025 (11 January 2017)

DC3025
PAPUA NEW GUINEA

[IN THE DISTRICT COURT OF JUSTICE

SITTING IN ITS GRADE FIVE CIVIL COURT JURISDICTION]

GFCi: 39of 2014

BETWEEN

AMOS KIRIO

Complainant

AND

OLE KITORO

Defendant

Goroka: R. APPA, PM

2017: January 11

CIVIL –

Cases Cited:
Nil

References:
Nil

Counsels:
Nil

11^thJanuary, 2017

RULING

-2-

R. APPA, PM: Court had considered the Notice of Motion and upon perusal of the file, found there was no proof of service or affidavit of service of the originating Summons filed to show defendant/ applicant was duly served and proof of service returned within seven days as required under section 47 (3) DCA.

2. Record showed that on 19.08.14 presiding magistrate Mr. Selefkariu had directed complainant/ Respondent to file proof of service or affidavit of service of summons but to date no such directions were complied with.

3. Service of calling notice on defendant/ applicant to attend court was not substituted service.

Orders:

1. The exparte order of 14.11.2014 was obtained irregularly so it is set aside.
2. The whole proceeding is struck out as being defective.
3. Complainant /Respondent is at liberty to file fresh proceeding or summons.
4. No orders as to cost.

Counsels:
Nil