Su v Lambu [2017] PGDC 38; DC4016 (20 October 2017)

PAPUA NEW GUINEA

CIVIL JURISDICTION

MADANG DISTRICT COURT

MURUKS SU & MOSES MANO V HOODS KASA LAMBU, ROBIN YALIN AND TABAT ANDRIAS

GR5CV NO 08 OF 2015

JUDGMENT

Her Worship Josephine Kilage LLB, LLM

20 October 2017

FACTS
The Complainant lodged a claim against the Defendants stating that on 3^rd December 2014 the defendants unlawfully trespassed into their property and burnt their house and their small trade store. The defendants made a claim for K10,000.00.

On 11 May 2015 the case was adjourned to 21 May 2015. From 21 May 2015 to 29 September 2017 the matter was not heard or mentioned. On 29^th September the file was given to me to decide on its next course of action as the matter was a prolonged 2014 matter. The matter was listed on 20^th October 2017 for the parties to be notified. The complainant and defendant did not appear. The complainant did not appear to confirm the need of the continuation of the summons.

ISSUE

Whether the court should allow the proceedings to continue.
FINDINGS

1. The complainant has failed to show cause on why this case should continue.
2. Case prolonged matter from 2015.

The court finds that the complainant has failed to progress this file or show cause why this matter should be continued. No reasonable grounds given by complainant to justify delay. There is no need for this matter to remain in this court.
COURT ORDER

I therefore make the following orders:

1. Case is dismissed. Case is prolonged and inactive.
2. Cost be in the cause.

Given by my hand on 20^th October 2017

Josephine Kilage
Presiding Magistrate