Kere Dogoliv v Inspector Joe Laho, Department of Police and The Independent Stae of Papua New Guinea (2005) N2885

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: (2005) N2885
• Date: 19 July 2005
• Year: 2005

Full Title: Kere Dogoliv v Inspector Joe Laho, Department of Police and The Independent Stae of Papua New Guinea (2005) N2885

National Court: Sawong J

Judgment Delivered: 19 July 2005

1 PRACTICE and PROCEDURE—Claim for damages—Default in setting down matter for trial—O10 r5 National Court Rules—Proceedings Dismissed.

2 Singali Mundo v The State (Unnumbered and unreported judgment of the National Court dated 31 August 2004 delivered in Madang by Sawong J), Markscal Ltd v MRDC [1999] PNGLR 52, Umbu Waink v MVIT [1997] PNGLR 390 referred to

Decision

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Sawong J: This is an application by way of an amended Notice of Motion filed on 15 October 2004 seeking the following orders:

(a) Dismissal of proceedings for want of prosecution pursuant to O10 r5 of the National Court Rules.

(b) Dismissal of proceedings for disclosing no reasonable cause of action pursuant to O12 r40 of the National Court Rules.

(c) Removal of the second defendant as a party to the proceedings pursuant to O5 r9 of the National Court Rules.

The brief background to this is that the plaintiffs filed proceedings claiming damages for loss of business arising out of the alleged negligence of the defendants as well as for breaches of his constitution rights and freedom. The plaintiff's claim basically arises from an alleged impounding of a vehicle by the first defendant which they used for construction work. The alleged incident occurred sometime in July 2003 at the Vanimo Police...