Imambu Alo v Motor Vehicles Insurance (PNG) Trust [1993] PNGLR 1
Jurisdiction | Papua New Guinea |
Court | Supreme Court |
Citation | [1993] PNGLR 1 |
Date | 30 June 1993 |
Year | 1993 |
Full Title: Imambu Alo v Motor Vehicles Insurance (PNG) Trust [1993] PNGLR 1
Supreme Court: Woods J, Andrew J, Sakora J
Judgment Delivered: 30 June 1993
1 Appeals—practice and procedure—leave to appeal—on question of fact—grounds of appeal relate to question of fact—leave not sought—notice of appeal defective—appeal struck out
___________________________
By the Court: The Appellant is appealing against the Judgment of the National Court given at Wabag in December 1992 whereby the Appellant's claim for damages was dismissed. The Respondent has filed an objection to the competency of this Appeal on the basis that the Appellant's grounds of Appeal involve questions of both fact and law and no application for leave has been filed as required under the Act where Appeals include questions of fact, refer to s4(2) of the Supreme Court Act.
Whilst there are cases where Judge's have said that they have had difficulty sometimes in deciding whether a question is one of fact or of law, in the case before us now a perusal of the grounds of appeal show that most of the grounds are raising pure questions of fact even though the questions are raised using the words "erred in fact and law". And the remaining grounds would require the Supreme Court, to have reassessed or reweighed the facts first.
Ground (a) is purely questioning the finding that there was no evidence of the motor vehicle being registered and insured at the time of the accident. The Appellant is asking the Supreme Court to re–assess that evidence or lack thereof, this is a question of fact...
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George Poio in his capacity as Porgera District Administrator and Acting General Manager for Porgera Development Authority and Hon Leo Bilip Kuala, MPA as President of Porgera Rural Local Level Government v Aken Puluku and Mande Kaima and Jones Pawe and Henry Lara and Rex Epenes Nakipen (2020) SC1968
...with the Rules. The appeal was not incompetent. Cases Cited: Papua New Guinea Cases: Imambo Alo v Motor Vehicles Insurance (PNG) Trust [1993] PNGLR 1 Michael Kuman v Digicel (PNG) Ltd (2017) SC 1638 Jimmy Lama & Anor v NDB Investments Ltd (2015) SC1423 Coca Cola Amatil (PNG) Ltd v Marshall ......
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Boyepe Pere v Emmanuel Ningi (2003) SC711
...Yakham v Stuart Merriam [1998] PNGLR 555, Steven Pokawin v The Independent State of Papua New Guinea [1998] PNGLR 456, Imambu Alo v MVIT [1993] PNGLR 1, Sir Julius Chan v The Ombudsman Commission of Papua New Guinea [1999] PNGLR 240, Lawrence Bokele v The Police Commissioner (2001) N2105, S......
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Unasi Martin and Others (all infants) as next friend and Serah Martin for herself and others (all infants) as next friend v Motor Vehicles Insurance (PNG) Trust (2007) SC896
...Ltd v Bank of South Pacific Ltd (1980) SC185; Sidi Adevu v MVIT [1994] PNGLR 57 and in Oio Aba v MVIL (2005) SC799; Imambu Alo v MVIT [1993] PNGLR 1; Chief Inspector Robert Kalasim & The State v Aina Mond & Ors SC828; Don Pomb Polye v Jimson Sauk Papaki (1999) SC643 ________________________......
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George Poio in his capacity as Porgera District Administrator and Acting General Manager for Porgera Development Authority and Hon Leo Bilip Kuala, MPA as President of Porgera Rural Local Level Government v Aken Puluku and Mande Kaima and Jones Pawe and Henry Lara and Rex Epenes Nakipen (2020) SC1968
...with the Rules. The appeal was not incompetent. Cases Cited: Papua New Guinea Cases: Imambo Alo v Motor Vehicles Insurance (PNG) Trust [1993] PNGLR 1 Michael Kuman v Digicel (PNG) Ltd (2017) SC 1638 Jimmy Lama & Anor v NDB Investments Ltd (2015) SC1423 Coca Cola Amatil (PNG) Ltd v Marshall ......
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Boyepe Pere v Emmanuel Ningi (2003) SC711
...Yakham v Stuart Merriam [1998] PNGLR 555, Steven Pokawin v The Independent State of Papua New Guinea [1998] PNGLR 456, Imambu Alo v MVIT [1993] PNGLR 1, Sir Julius Chan v The Ombudsman Commission of Papua New Guinea [1999] PNGLR 240, Lawrence Bokele v The Police Commissioner (2001) N2105, S......
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Unasi Martin and Others (all infants) as next friend and Serah Martin for herself and others (all infants) as next friend v Motor Vehicles Insurance (PNG) Trust (2007) SC896
...Ltd v Bank of South Pacific Ltd (1980) SC185; Sidi Adevu v MVIT [1994] PNGLR 57 and in Oio Aba v MVIL (2005) SC799; Imambu Alo v MVIT [1993] PNGLR 1; Chief Inspector Robert Kalasim & The State v Aina Mond & Ors SC828; Don Pomb Polye v Jimson Sauk Papaki (1999) SC643 ________________________......