Wilddog Minig Area Landowners Association v Kandi [2013] PGNC 217; N5411 (14 August 2013)

N5411

PAPUA NEW GUINEA
IN THE NATIONAL COURT OF JUSTICE

OS NO: 426 of 2013

BETWEEN:

WILDDOG MINING AREA LANDOWNERS ASSOCIATION
First Applicant

ERIC DOMAN
Second Applicant

SAMUEL ELISHA
Third Applicant

AND:

BRIAN KANDI
First Respondent

LAWRENCE PETAU
Second Respondent

CHARLIE WAFI
Third Respondent

NAKIKUS KONGA
Fourth Respondent

THE ROYAL PAPUA NEW GUINEA POLICE CONSTABULARY
Fifth Respondent

THE STATE
Sixth Respondent

Kokopo: Oli, AJ
2013: 14th August

PRACTICE & PROCEDURE – CIVIL JURISDICTION – Application to obtain Ex parte Restraining Orders – Whether reasonable cause of action disclosed – Considered the circumstances do disclose cause of action – Grant the application.

Cases Cited:

No cases cited in this motion.

Counsel:

Mr Philip Kaluwin, for the Applicants
No appearance for the Respondents

RULING ON EX PARTE MOTION

14th August, 2013

1. OLI AJ: The applicants file an Originating Summons against the Respondents and claim that the respondents be stopped from selling the property taken from the applicants. The properties taken from the applicants be returned to the applicants forthwith as in the alternative the properties be kept at a neutral place.
   
2. The applicants' Counsel filed an urgent application for issuance of the interim restraining order against the respondents seeking the interim relief sought in the substantive matter on foot.
   
3. The Counsel in support of the motion rely on the affidavit by one of the Applicants, Mr. Eric Doman, a Chairman of the Wild Dog Mining Area Landowners Association, who depose in his affidavit dated 14/08/2013 that respondents No. 1, 2, 3 and 4 have filed complaints at the District Court and secure issuing of a Search Warrant that allow the police to search and impound properties belonging to the Wild Dog Landowners Association and respondents have no ownership right to the property confiscated namely, two trucks, three (3) walkabout sawmill and two chainsaws.
   
4. The Counsel express fear that his clients has reliably informed him that the Respondents 1, 2, 3 and 4 are preparing to dispose off the properties through private sale and so this urgent application to stop the respondents from selling the properties and allow the Court to determine the matter on foot through inter-party hearing by the Court to determine true ownership over the said properties in question.
   
5. The Court having been satisfied that the applicants have an arguable case on merit and justice of the matter so requires and can only be determine through substantive inter-party hearing hence, the Court grant the urgent Motion by the applicants.
   
6. The Court hereby makes the Orders as follows:
   
   • (a) That the Court issue Orders as sought as per the Motion.
     
   • (b) That the requirements of service be dispensed with.
     
   • (c) That the Respondents be stopped from selling the confiscated properties of the Applicants.
     
   • (d) That the properties be returned to the Applicants forthwith or in the alternative;
     
   • (e) That the property be kept at a neutral place with Police at Kokopo Police Station until the matter is finalized through the Court of law.
     
   • (f) That the Originating Summons process be served on the Respondent before the return date and Proof of Service file therewith.
     
   • (g) That the matter be returnable by 23rd August 2013 at 9.30am for inter- party hearing.
     
   • (h) Cost be in the cause.
     

_________________________________________________
Public Solicitor: Lawyer for the Applicants
No appearance for the Respondents