Obed Lalip for himself and on behalf of Marae Kulap and Francis Minalo v Fred Sikiot and The Independent State of Papua New Guinea (1996) N1457

• Jurisdiction: Papua New Guinea
• Judge: Injia J
• Judgment Date: 17 May 1996
• Court: National Court
• Citation: (1996) N1457
• Year: 1996
• Judgement Number: N1457

Full Title: Obed Lalip for himself and on behalf of Marae Kulap and Francis Minalo v Fred Sikiot and The Independent State of Papua New Guinea (1996) N1457

National Court: Injia J

Judgment Delivered: 17 May 1996

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

WS NO 60 OF 1994

BETWEEN:

OBED LALIP for himself and on behalf of MARAE KULAP and FRANCIS MINALO — Plaintiffs

And:

FRED SIKIOT — First Defendant

AND:

THE INDEPENDENT STATE OF PAPUA NEW GUINEA — Second Defendant>

Mount Hagen

Injia J

22 March 1996

12 April 1996

17 May 1996

DAMAGES — Proof of — Claim arising out of Police raid — Assessment of damages following default judgement — Pleadings — Vague — Evidence — Vague and contradictory — Possible double claim — No damages awarded.

Cases Cited:

Yange Lagan & Ors v The State N 1369 [1995]

Counsel:

D Kwimberi for the Plaintiff

No Appearance for the Defendants

17 May 1996

INJIA J: This is an ex-parte trial on assessment of damages following entry of default judgement against the Defendants. The Plaintiffs claim they suffered destruction of his personal properties in a police raid at Porgera which the Plaintiffs claim occurred on 9th February 1993.

The Plaintiff Marae Kulap and Francis Minalo (also known as Francis Minapin) also filed separate proceedings through Kopunye Lawyers in WS No 437/95. In those proceedings, on 15th September 1995, I awarded damages to them in the sum of K8,021.00 in respect of Marae Kulap and K12,146.00 in respect of Francis Minalo: See Yange Lagan 7 Ors v The State N1369 [1995] at p. 18 and 33 respectively. Both Plaintiffs gave oral evidence at the trial. Among the personal properties destroyed for which damages were awarded in respect of Marae Kulap was a sum of K3,900.00 for loss of a trade store building, trade store stock and loss of trade store income and in respect of Francis Minalo, K7,100.00 for a trade store building, trade store stock and loss of trade store income. After having received judgement in their favour, they pursued this claim with their present lawyers and obtained default judgement. I raised the prospect of double claim during the pre-trial hearings and Mr Kwimberi and Mr Kopunye both agreed that te same Plaintiffs were involved. Hence, these two Plaintiffs have decided not to pursue their claim in these proceedings.

But they did file affidavits in support of Mr Obed Lalip's claim on 16th October 1995. In their affidavits, it is interesting to note that neither of them mentioned loosing a trade store owned by each one of them. Instead, in para. 2 of his affidavit, Mr Marae Kulap refers to loosing his semi-modern dwelling house with its contents, plus a pig house near "Obed Lalip's trade store." He also says "Obed's trade store were burnt down completely." Francis Minalo says in paragraph 7 of his affidavit "The Plaintiff Mr Obed Laip also had his properties including a trade store...burnt down..."

Obed Lalip filed an affidavit on 17/10/95 in which he gives details of things he lost. Among them is a claim for a trade store building valued at K15,000.00 and stock valued at K15,000.00. He has attached receipts of payments for the building materials, trade store...