Kolaip Palapi for himself and on behalf of the Kessan Clansmen, Laiagam, Enga Province v Sergeant Poko, Robert Nenta and The Independent State of Papua New Guinea (2001) N2274

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: (2001) N2274
• Date: 05 June 2001
• Year: 2001

Full Title: Kolaip Palapi for himself and on behalf of the Kessan Clansmen, Laiagam, Enga Province v Sergeant Poko, Robert Nenta and The Independent State of Papua New Guinea (2001) N2274

National Court: Jalina J

Judgment Delivered: 5 June 2001

1 Damages—Proof of—Claim arising out of Police raid—Assessment following default judgment—Representative action—Evidence by affidavit—No evidence from individual claimants to quantify claim—Claim too vague—Risk of false claim—Only a small part of claim proved—Only a small amount awarded in damages.

2 Livingstone v Rawyards Coal (1880) 5 App Case 25, Bonham–Carter v Hyden Park Hotel Ltd (1948) 64 TLR 177, Peter Wanis v Fred Sikiot (1995) N1350, Yange Lagan v The Independent State of Papua New Guinea (1995) N1369 and Obed Lalip v Fred Sikiot (1996) N1457 referred to

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Jalina J: This is a claim for damages as a result of a police raid at Liop Village, Laiagam in the Enga Province on 16 June 1995. Default judgment was entered against the Defendants on 21 March 1997 when they failed to file their defence. Liability having been determined, the matter has come before me for assessment of damages. In order to appreciate the various aspects of the claim and to determine whether or not the Plaintiffs have proved each claim, it is necessary to set out the statement of claim in full.

"Statement of Claim:

1. The Plaintiff, Kolaip Palap is instituting these proceedings for himself and on behalf of members of Kessan tribe, Laiagam, Enga Province and bring this action jointly and or severally claiming damages against the Defendants.

2. The First Defendants is and was at all material times the Police Station Commander at Laiagam, a Senior Police Officer and is an employee, servant and/or agent of the third Defendant.

3. The Second Defendant is the Police Commissioner and is responsible for all police actions throughout Papua New Guinea.

4. The Third Defendant is the Independent State of Papua New Guinea.

5. At about 11.00 am on 16 June 1995, the First Defendant as Commanding Officer, led an unspecified number of policemen attached to the Wabag Police Station entered upon Liop Village, Laiagam, Enga Province and without good cause wilfully destroyed, damaged, removed or otherwise burned down food crops, store goods, houses, domestic animals, personal effects to the total value of K204,672.00.

6. Further or in the alternative, the First, Second and Third Defendants by their servants, agents and employees in seizing and carrying away the said stock, cash, goods and livestock thereby converted all those items to their own use.

7. The full particulars of the claim are set out as follows:

Building:

Quantity Property Description Total Value

4 Enga traditional building (1 x K1500.00) K6,000.00

6 Semi modern kunai building

(1 x cost K1500.00) K9,000.00

1 Modern permanent building

Materials & labour cost K7,000.00

1 Modern permanent building

Trade store 30m2 K4,000.00

Animals:

Quantity Property Description Total Value

7 Medium size pigs

(1 x cost K400.00) K2,800.00

3 Mother dogs K180.00

5 Medium size goats K1,000.00

Plants & Other Properties:

Quantity Property Description Total Value

65 Mature casuarina trees

(1 x cost K60.00) K3,900.00

115 Young casuarina trees

(1 x cost K10.00) K1,150.00

81 Young pandanus trees

(1 x cost K40.00) K3,240.00

36 Mature pandanus trees

(1 x K100.00 cost) K3,600.00

31 Mature gum trees

(1 x cost K60.00) K1,860.00

102 Young gum trees

(1 x cost K5.00) K510.00

92 Sugar Cane bundle

(1 bundle cost K30.00) K2,760.00

36 Double mattresses

(1 x cost K50.00) K1,800.00

15 Single mattresses

(1 x cost K25.00) K375.00

13 Large axes

(1 x cost K30.00) K390.00

18 Small axes

(1 x cost K15.00) K270.00

34 Bush knives

(1 x cost K6.00) K204.00

42 Spades

(1 x cost K15.00) K630.00

151 Light Blankets

(1 x cost K12.00) K1,812.00

12 Thick Blankets K300.00

29 Bed sheets

(1 x cost K35.00) K348.00

48 Large pots K1,680.00

26 Small pots K390.00

30 Bowl dishes

(1 x cost K27.00) K810.00

370 Plates

(1 x cost K.50) K555.00

400 Spoons

(1 x cost K0.80) K320.00

401 Forks

(1 x cost K0.70) K210.00

402 Cups

(1 x cost K1.20) K228.00

403 Men Trousers

(1 x cost K15.00) K7,925.00

404 Men Shirts

(1 x cost K12.00) K3,540.00

405 Men jackets

(1 x cost K25.00) K450.00

406 Meri blouse

(1 x cost K12.00) K4,080.00

201 Meri laplaps

(1 x cost K7.00) K1,407.00

407 Children clothes

(1 x cost K4.00) K1,604.00

20 Pair of men shoe

(1 x...