Helen Bia Sam v Paul Haurom, Henry Tokam and The Independent State of Papua New Guinea [1998] PNGLR 346
| Jurisdiction | Papua New Guinea |
| Court | National Court |
| Citation | [1998] PNGLR 346 |
| Date | 30 October 1998 |
| Year | 1998 |
Full Title: Helen Bia Sam v Paul Haurom, Henry Tokam and The Independent State of Papua New Guinea [1998] PNGLR 346
National Court: Kapi DCJ
Judgment Delivered: 30 October 1998
1 Damages—Assessment—assault—false imprisonment—Exemplary damages—when appropriate against member of Police Force.
2 Constitutional law—Assessment of damages—Breach of s32, s36(1), s37(3), s37(4), s42, s52 of the Constitution.
3 Andrew Namvash v Paul Ofoi, George Avali, The Police Commissioner, The State (1996) N1429, Jashihe Waniholo v Henry Tokam (1997) N1563, James Koimo v The Independent State of Papua New Guinea [1995] PNGLR 535, Toglai Apa v The Independent State of Papua New Guinea [1995] PNGLR 43
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Kapi DCJ: In this action the plaintiff claims damages following alleged unlawful assault, unlawful arrest and false imprisonment by the police. She also claims compensation for breach of constitutional rights under the Constitution.
A default judgment has been entered against the defendants and the matter came before me for assessment of damages.
The plaintiff gave evidence and called her father Bia Maini and her husband Gideon Sam to support her claims. The defendants did not call any evidence. I find the following facts from the evidence that was called before me. The plaintiff comes from Fane Village in the Goilala area, is married with one child and lives at 14 mile outside Port Moresby. On the early hours of 31st July 1993 while she was sleeping with her husband and father, the first defendant kicked open the door of the house...
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Desmond Huaimbukie, Marcus Huaimbukie, Stanis Wafi Mairangian, Patrick Saihira, Hubert Makes, Malaki Yenu, Elphin Yenu and Saihengui Harinduo v James Baugen as Station Commander of Yangoru Rural Police Station and The Independent State of Papua New Guinea (2004) N2589
...Dawa Yomi v The Independent State of Papua New Guinea (1990) N823, Woma Paul v Anton Kare [1988] PNGLR 276, Helen Bia Sam v Paul Haurom [1998] PNGLR 346, Tony Wemin v The Independent State of Papua New Guinea (2001) N2134, John Tuink Salamon v The Independent State of Papua New Guinea [1994......
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Grace Lome by her next friend Jack Lome v Allan Kundi, Western Highlands Provincial Police Commander and The Independent State of Papua New Guinea (2009) N3791
...- Psychological distress or nervous shock - Awards - Constitution - s196, s197 & s198. Cases cited: Helen Bia Sam v Paul Haurom [1998] PNGLR 346; Samuel Era v Susan Paru [1994] PNGLR 593; The State v Kenneth Peter (2002) N2336; The State v Kunija Osake (2003) N2380; The State v Peter Kaudik......
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Monica Kessi v Hilda Luvao (2012) N4750
...serious while the appellant considered the wound to be less serious. His Worship relied on the case of Helen Bia Sam v Paul Harum & Ors [1998] PNGLR 346 to come up with the amount of K3000.00. Appellant submitted that the wound is not serious and that a sum of K2000.00 would be reasonable. ......
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Desmond Huaimbukie, Marcus Huaimbukie, Stanis Wafi Mairangian, Patrick Saihira, Hubert Makes, Malaki Yenu, Elphin Yenu and Saihengui Harinduo v James Baugen as Station Commander of Yangoru Rural Police Station and The Independent State of Papua New Guinea (2004) N2589
...Dawa Yomi v The Independent State of Papua New Guinea (1990) N823, Woma Paul v Anton Kare [1988] PNGLR 276, Helen Bia Sam v Paul Haurom [1998] PNGLR 346, Tony Wemin v The Independent State of Papua New Guinea (2001) N2134, John Tuink Salamon v The Independent State of Papua New Guinea [1994......
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Grace Lome by her next friend Jack Lome v Allan Kundi, Western Highlands Provincial Police Commander and The Independent State of Papua New Guinea (2009) N3791
...- Psychological distress or nervous shock - Awards - Constitution - s196, s197 & s198. Cases cited: Helen Bia Sam v Paul Haurom [1998] PNGLR 346; Samuel Era v Susan Paru [1994] PNGLR 593; The State v Kenneth Peter (2002) N2336; The State v Kunija Osake (2003) N2380; The State v Peter Kaudik......
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Monica Kessi v Hilda Luvao (2012) N4750
...serious while the appellant considered the wound to be less serious. His Worship relied on the case of Helen Bia Sam v Paul Harum & Ors [1998] PNGLR 346 to come up with the amount of K3000.00. Appellant submitted that the wound is not serious and that a sum of K2000.00 would be reasonable. ......