Tabie Mathias Koim and 28 Others v The Independent State of Papua New Guinea, Chief Inspector Jim Onopia, Sergeant Joe Bulhage, Constable Dala Mentai and Constable Miamel Dage [1998] PNGLR 247

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: [1998] PNGLR 247
• Year: 1998
• Date: 26 February 1998

Full Title: Tabie Mathias Koim and 28 Others v The Independent State of Papua New Guinea, Chief Inspector Jim Onopia, Sergeant Joe Bulhage, Constable Dala Mentai and Constable Miamel Dage [1998] PNGLR 247

National Court: Injia J

Judgment Delivered: 26 February 1998

1 Practice and procedure—Writ—Pleadings—Facts—Damages Claim in police raid cases—Leading evidence in facts pleaded or not pleaded in Writ.

2 Damages—Proof of damages in default judgment cases—Exemplary damages and compensatory damages—duplication of damages—Refused to award separate damages.

3 MVIT v Salio Tabanto [1995] PNGLR 214, Waima v MVIT [1992] PNGLR 254, MVIT v Pupune [1993] PNGLR 370, Jonathan Mangope Paraia v The Independent State of Papua New Guinea (1995) N1343, Yange Lagan v The Independent State of Papua New Guinea (1995) N1369, James Koimo v The Independent State of Papua New Guinea [1995] PNGLR 535 and Abel Tomba v The Independent State of Papua New Guinea (1997) SC518 referred to

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Injia J: This is an ex parte trial, with leave, on assessment of damages following entry of default judgment against the defendants on 07/06/96 and 09/09/96. Evidence was completed on 24th September 1997 and parties were directed to file written submissions on the evidence. The plaintiff filed his on 12 December 1997.

On record, it appears that the parties have assumed that the matter was for trial on both liability and quantum of damages. However, there is default judgments on file which appear not to have been set aside. If they were set aside, nevertheless, on the evidence of the plaintiff before me, I am satisfied that the raid, search and destruction of property was unlawful. I find in favour of the plaintiff on the issue of liability.

The evidence for the plaintiff consists of the affidavits of Tapie Peter Ungal sworn on 19/05/97 (exhibit "A"); Gene Gende sworn on 19/04/97 (Exhibit "B"); Anna Tabil sworn on 19/05/97 (Exhibit "C"); Toni More sworn...