Peter Kuriti v The Independent State of Papua New Guinea [1994] PNGLR 262
| Jurisdiction | Papua New Guinea |
| Court | National Court |
| Citation | [1994] PNGLR 262 |
| Date | 09 September 1994 |
| Year | 1994 |
Full Title: Peter Kuriti v The Independent State of Papua New Guinea [1994] PNGLR 262
National Court: Woods J
Judgment Delivered: 9 September 1994
1 Damages—vicarious liability—wrongs by State and unnamed officers—loss and damage to village property in police raid—exemplary damages—whether action sanctioned by State policy or directives—independent discretion rule—when individual officers not named in writ
2 Constitutional law—breach of rights by police
___________________________
Woods J: The Plaintiff is claiming for himself and members of his village for damages for loss and damage done to property by actions of the Police during the conduct of a police operation at their village, Bagl village, in the Kagamuga area of the Western Highlands on 2 April 1990.
It is alleged that early on the morning in question a squad of police carried out a dawn raid and destroyed property including burning down houses and killing pigs and chickens and destroying items of personal and domestic property in the houses at the time.
The Plaintiff is claiming in the writ for the value of the property loss suffered, plus also damages for violation of constitutional rights, and also exemplary damages.
The State has agreed on the quantum of the claim for the value of the property loss suffered at K29,251.30. Also the State has agreed to an amount of K1,000.00 for each of the thirteen individual claimants making a total of K13,000.00. There has been no agreement to any amount for exemplary damages and evidence has been presented to the court on how the raid...
To continue reading
Request your trial
-
Aina Mond, Apa Grai, Alpones Siwi Koglua, Baundo Mogono and Andrew Konma on Their Own Behalf And On Behalf Of All Members Of The Auakane, Morumbagawamo, Tamgoyani, Okondie and Awauglakane Clans of The Kamaneku Tribe More Particularly Named In Schedule "A" of The Writ Of Summons And Tangane Koglwa And All Those People Named In Columns 2 And 3 Of Schedule "B" of The Writ of Summons And Gigbai Koglwa By His Next Friend Alponse Siwi Koglwa And All Those Infants By Their Next Friends Named In Schedule "C" of The Writ of Summons And Umba Siwi and All Those Persons Named In Schedule "D" of The Writ of Summons And Gundu Umba and All Those Persons Named In Columns 2 And 3 Of Schedule "E" of The Writ of Summons And Kunduane Siwi By His Next Friend Umba Siwi and All Those Infants Named In Schedule "F" of The Writ Of Summons v Chief Inspector Robert Kalasim and The Independent State of Papua New Guinea (2004) N2638
...306, Kolaip Palapi v Independent State of Papua New Guinea (2001) N2274, Kuk Kuli v The State (2004) N2592, Peter Kuriti v The State [1994] PNGLR 262, Roselyne Cecil Kusa v MVIT (2003) N2328, Yange Lagan v The Independent State of Papua New Guinea (1995) N1369, Lin Wan Xin v Wang Yanhong (2......
-
Kinsim Business Group Inc v Joseph Hompwafi, John Kalaut and The Independent State of Papua New Guinea
...& The State Unnumbered National Court Judgment dated 8.3.95, Aimon Aure v Captain Peter Boko [1996] PNGLR 85, Peter Kuriti v The State [1994] PNGLR 262, Abel Tomba v The Independent State of Papua New Guinea (1997) SC518, Peter Kuriti v The State (1997) Unnumbered Supreme Court Judgment dat......
-
Bomai Wati v David Gavera and Daniel Olabe and Gari Baki Commissioner of Police and The Independent State of Papua New Guinea (2013) N5363
...State (2009) N3571 Latham v Henry [1997] PNGLR 435) Meronas Songkae v Inspector Tony Wagambie Jnr (2012) N4807 Peter Kuriti v The State [1994] PNGLR 262 PNGBC v Jeff Tole (2002) SC694 Re Application by Benetius Gehasa (2005) N2817 Re Conditions of Detention at Bialla Police Lock-Up, West Ne......
-
The Independent State of Papua New Guinea and Others v Thomas Kei
...Ltd v Kama (2020) SC1912 Herman Sahale v Francis Karogo & Ors (2019) SC2129 Latham v Henry [1997] PNGLR 435 Peter Kuriti v the State [1994] PNGLR 262 Abel Tomba v The State [1997] SC 518 Andale More and Ors v Henry Tokam & The State (1997) N1645 Peter Kuriti v The State [1994] PNGLR 263 Wam......
-
Aina Mond, Apa Grai, Alpones Siwi Koglua, Baundo Mogono and Andrew Konma on Their Own Behalf And On Behalf Of All Members Of The Auakane, Morumbagawamo, Tamgoyani, Okondie and Awauglakane Clans of The Kamaneku Tribe More Particularly Named In Schedule "A" of The Writ Of Summons And Tangane Koglwa And All Those People Named In Columns 2 And 3 Of Schedule "B" of The Writ of Summons And Gigbai Koglwa By His Next Friend Alponse Siwi Koglwa And All Those Infants By Their Next Friends Named In Schedule "C" of The Writ of Summons And Umba Siwi and All Those Persons Named In Schedule "D" of The Writ of Summons And Gundu Umba and All Those Persons Named In Columns 2 And 3 Of Schedule "E" of The Writ of Summons And Kunduane Siwi By His Next Friend Umba Siwi and All Those Infants Named In Schedule "F" of The Writ Of Summons v Chief Inspector Robert Kalasim and The Independent State of Papua New Guinea (2004) N2638
...306, Kolaip Palapi v Independent State of Papua New Guinea (2001) N2274, Kuk Kuli v The State (2004) N2592, Peter Kuriti v The State [1994] PNGLR 262, Roselyne Cecil Kusa v MVIT (2003) N2328, Yange Lagan v The Independent State of Papua New Guinea (1995) N1369, Lin Wan Xin v Wang Yanhong (2......
-
Kinsim Business Group Inc v Joseph Hompwafi, John Kalaut and The Independent State of Papua New Guinea
...& The State Unnumbered National Court Judgment dated 8.3.95, Aimon Aure v Captain Peter Boko [1996] PNGLR 85, Peter Kuriti v The State [1994] PNGLR 262, Abel Tomba v The Independent State of Papua New Guinea (1997) SC518, Peter Kuriti v The State (1997) Unnumbered Supreme Court Judgment dat......
-
Bomai Wati v David Gavera and Daniel Olabe and Gari Baki Commissioner of Police and The Independent State of Papua New Guinea (2013) N5363
...State (2009) N3571 Latham v Henry [1997] PNGLR 435) Meronas Songkae v Inspector Tony Wagambie Jnr (2012) N4807 Peter Kuriti v The State [1994] PNGLR 262 PNGBC v Jeff Tole (2002) SC694 Re Application by Benetius Gehasa (2005) N2817 Re Conditions of Detention at Bialla Police Lock-Up, West Ne......
-
Vincent Kerry v The Independent State of Papua New Guinea (2012) N4658
...(2011) N4396MVIL v Maki Kol (2007) SC902 MVIT v Maki Kol (2007) SC902 Latham v Henry Peni [1997] PNGLR 435; Peter Kuriti v The State [1994] PNGLR 262; Zita Seupain v Dongo Doro (2009) N3573; The State v Thomas Sange (2005) N2805; Vincent Kerry v The State (2007) N3127 TRIAL This was a trial......