Gabriel Apio Irafawe v Yauwe Riyong

• Jurisdiction: Papua New Guinea
• Citation: (1999) N1915
• Date: 22 September 1999
• Court: National Court
• Year: 1999

National Court: Kirriwom J

Judgment Delivered: 22 September 1999

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2 PNG Forest Products Pty Ltd and Inchcape Berhad v The Independent State of Papua New Guinea and Jack Genia, The Minister for Forests [1992] PNGLR 85 and Lowa v Akipe [1992] PNGLR 399 referred to

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Kirriwom J: On the day fixed for the hearing of this matter the Defendant moved the Court for the case to be dismissed pursuant to O12 r40 of the National Court Rules on the grounds that—

1. Statement of Claim does not disclose a reasonable or legally identifiable cause of action;

2. Action was frivolous and vexatious;

3. Action was an abuse of Court process.

Mr Manase submitted that if the application was successful that would be the end of this action and it was imperative therefore that it be heard first. Mr Wogaro for the Plaintiff did not oppose and so I proceeded to hear the Defendant on his preliminary application.

In Part A of the Statement of Claim the Plaintiff seeks:

(i) K46,661.00 as damages for breach of verbal promise for the purchase of a 6 Ton Hino Highway Truck.

(ii) K12,300 as loss for the use of the Plaintiff's Toyota Stout while the Defendant had the use of the vehicle for 164 days at K75 per day hire.

In the alternative in Part B of the Statement of Claim the Plaintiff seeks:

(i) K2,650 in damages for unpaid hire rates for the period 42 days the Defendant had the Plaintiff's vehicle Toyota Stout at K75 per day hire. A sum of K500 paid to the Plaintiff was deducted from the total sum of K3,150.

The claim in part B appears to be a duplication of the claim for K12,300 in Part A of the Statement of Claim.

There is a common denominator to these claims. They are election related but with a proviso that the Defendant was successful in his election bid for the Chuave Open Electorate in the Chimbu Province. The Plaintiff now sues the Defendant to live up to the 'promise' he made to him which he had not fulfilled since winning the election.

It must be appreciated at the outset that...