DC734

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE SITTING IN ITS GRADE FIVE CIVIL JURISDICTION]

GFCi 659 of 2007

BETWEEN:

JACOB BINAPE
Complainant

AND:

BAUNDO TANGIKA
Defendant

Kundiawa: M. Gauli, PM
2008: April 08th,

CIVIL - Took K10,000.00 to generate extra money for the complainant – Failed to generate extra money – Failed to return the money

Cases Cited:
Nil

References:
Nil

Counsels:
For the Complainant - In person
For the Defendant - In person

08 April 2008

DECISION OF THE COURT

M. Gauli; PM: The complainant Jacob Binape, an elderly man perhaps in his 60 years and illiterate person sued the defendant for the return of the K10,000.00 he gave to the defendant at the request of the defendant to generate extra money for the complainant. The Complainant and his son Bomai Jacob, also illiterate, gave evidence for and on behalf of the complainant. Defendant Baundo Tangika had no witnesses except himself who gave evidence.

The evidence for the complainant and his son Bomai Jacob is that in 1992 the complainant was involved in a traffic accident. He suffered a broken left arm, and other parts of his body. In about April or May 2004 he was paid K40,000.00 compensation by the insurance company for injuries. It is not made know if their payment was from the Motor Vehicles Insurance Limited (MVIL). Upon receiving this payment the Complainant paid K3,000.00 each to John Kimagl, Ludwig Kanua, Willie and defendant Baundo Tangika for taking care of the complainant during his suffering. After defendant Baundo Tangika was given K3,000.00, he went back to the Complainant in the evening that same day and asked the complainant to lend him some money. Defendant intended to use that money to generate extra money for the complainant as he is almost disabled from that accident. He cannot use his left arm. Defendant being married to the complainants’ sister, the request was granted. Upon the authorization of the complainant, his son Bomai Jacob counted out K10,000.00 in K50.00 and K20.00 notes and gave the money to the defendant in the presence of the complainant’s wife and his in-law Joseph. The defendant was accompanied by his wife, the complainant’s sister. The defendant set up a trade store at Wara Simbu. 

In about 2005 after the death of defendant’s wife, the complainant approached the defendant for the return of the money. Defendant refused to repay the money. He denied being given the money.

The defendant in his defence denied receiving K10,000.00 in 2004 from the complainant. He said the complainant sustained the injures in a motor vehicle accident in 1989 at Bialla, W.N.B. The insurance paid him the compensation in 1992. He admitted been given the K3,000.00 but simply denied the K10,000.00 either in 1992 or in 2004. He has no witnesses to support his evidence.

The Complainant and his son Bomai Jacob are illiterate. They may not be precise with the dates of the accident and the receipt of the payment. There are no document records to confirm the exact dates. The defendant would use the disadvantages of their illiteracy to move dates backwards several years. I am satisfied by the evidence as the complainant that he had involved in a tragic traffic accident in 1992 and he was paid compensation by the insurance company in about April or May 2004. And that he did lend to the defendant K10,000.00 as requested by him. And that the defendant failed to generate extra money from that money with interest. I find the defendant liable.

And I make orders that the defendant to repay K10,000.00 plus 8% interest pursuant to the Judicial Proceedings (Interest or Debts and Damages) Act which is calculated to be K484.35. That the total amount of K10,484.35 to be payable within six (6) months from the date of this order.

For the Complainant - In person 
For the Defendant - In person