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Kamtai v Wak [2001] PGDC 48; DC454 (11 December 2001)

DC454

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

CASE NO 130 OF 2000

BETWEEN

Sul Kamtai & 16 Ors
Complainants

V

Councllor Wak
First Defendant

Kerowa Mulo & 15 Ors
Second Defendant

Mala Plantation
Third Defendant

Mt. Hagen: Appa, P.M.
2001: 6th November; 11th December

JUDGMENT (by default)

The complainant (nine in all) alleged that on 7th of June 2000 at 4:00 am they were asleep in their houses at Simbu Compound at Mala Plantation when the first two defendants led 15 others to the compound and set fire to their houses, assaulted them and destroyed their properties. They said the defendants used bush knives, sticks, shotgun and axes to do the damages. They were nine people (complainants) injures in the attack. The attack was done for no apparent reasons. They now sued them for compensation.

Since the start of the proceeding on 13.11.2000 defendants failed to turn up in court on nine (9) adjournments so the case proceeded ex parte.

The court records shows that there were a total of 17 people including women and children suffered damages from the attack but only nine of them (adults) provided affidavits in support of their claims.

If what the complainants have said in their statement of claim and the affidavit was true (which had not been challenged) then the actions of the defendants were oppressive unconstitutional, inhuman and not the least of all discriminatory. The Law is for everyone to obey, it is there to protect lives and properties of everyone on equal basis. Those oppressed the rights of others must be penalized.

I find from the evidence that defendants were liable for their own action jointly and severally.

On quantum, complainants provided lists of damages suffered as the result of the attack and jointly claimed K9,080.00 on the summons. However, in their respective affidavits, total claims amounted to only K6,309.20 so I have to accept the figures shown in the affidavits as evidence.

The following orders are made for the nine complainants;-

There were a total of 17 defendants identified as involved in the attack and named in this proceeding so each of them is equally liable to pay compensation for the damages.

The following defendants were identified-

1. COUNCILOR WAK
2. KEROWA MULO
3. MAMBAL MANGA
4. TEPRA MANGA
5. STEVEN MOKA
6. MOSES LOKO
7. SENEK
8. NANE
9. ROMBA BIA
10. MARIA PANK
11. ROMBOLO KELA
12. MEK MULO
13. DAVID MITI
14. WILSON MANGI
15. KOEATI WAPI
16. POK RING
17. LOT YAP

I now ordered that each of the above named defendants pays K371.00 towards compensation for the attack and damages caused to the complainants. Compensation to be made within two months from date of service of the orders on them. No orders as to interest or cost.

Dated this 17th day of December, 2001 at Mt. Hagen.

.........................
RAPHAEL APPA
By the Court