Akui v Yawiya [2017] PGDC 34 (6 October 2017)

DC 40 of 2017

PAPUA NEW GUINEA

[IN THE DISTRICT COURT OF JUSTICE

SITTING IN ITS CIVIL JURISDICTION]

DC No 40 of 2017

BETWEEN

Angela Akui

Complainant

AND

Daniel Yawiya

Defendant

MADANG: JOSEPHINE KILAGE

2017: 6 OCTOBER

CIVIL-Claim for damages for false misrepresentation

Cases Cited

None Cited

References

District Courts Act

Counsel/Representative

Mrs Akui- Represented the Complainant

Mr Yawiya- Represented the Defendant

DC No 40 of 2017

J.Kilage:

DC 40 of 2017

J.Kilage:

Facts

Daniel had gone to see Angela and her husband to tell them how they can get a car from GK Consultants. He also informed that he had got his vehicle and that Alois Sabu would help them make the deposit. Angela and her husband went and gave the money to Alois Sabu who deposited it to GK Consultants.

Both Daniel and Angela did not get their cars and Alois Sabu went into hiding. Angela took Daniel to the police and the police told Daniel to repay her money. A sum of K5500 was paid by Daniel to Angela. Angela is now in court to claim the balance and asked the court to consider interest.

Daniel raised the point that he was coerced to pay the K5500 by the police and that he was also a victim and wanted her to reimburse her money. He raised the defense of the matter being statute barred and that her son’s actions in damaging his gate led to his refusal to pay the balance of K2500.00. There was no evidence in court to verify his statement in relation to the damage to the gate.

Issue

Does Daniel owe the complainant money?

Findings

Part payment of the money establishes liability.

He approached Angela and her husband. As the company and Alois Sabu cannot be located he is liable to refund her money. Once Mr Sabu is located he can take the matter up with the police or through further legal action.

His actions caused the complainant to suffer. He shall restitute the balance of the complainant’s money. He did not personally know Alois Sabu and yet introduce Angela to him. Now they have no way to recoup their money.

I hereby order:

(1) Liability is established on the basis that he admits to paying K5500 to the Complainant.
(2) Defendant shall pay damages of K2500 to the complainant by 30 March 2018.
(3) Defendant shall pay the complainants legal fees of K500.00.
(4) Defendant shall pay interest at 8% per year which amounts to (K200 x 3 years) K600.00.
(5) Defendant to pay the total sum of K3600 by 30 March 2018.

Given by my hand

Josephine Kilage-Magistrate