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Wai v Timothy [2017] PGDC 28; DC3033 (13 January 2017)

DC3033
PAPUA NEW GUINEA

[IN THE DISTRICT COURT OF JUSTICE

SITTING IN ITS GRADE FIVE CIVIL COURT JURISDICTION]

GFCi: 80of 2016

BETWEEN

ISMAEL WAI

Complainant

AND

CAIN TIMOTHY

Defendant

Goroka: R. APPA, PM

2016: December 22

2017: January 13

CIVIL –

Cases Cited:
Nil

References:
Nil

Counsels:
Nil

13^thJanuary, 2017

-2-

DECISIONOF THE COURT

R. APPA, PM: This is an assault case. Complainant alleged that defendant had slashed him on his left forearm with a bush knife over argument on local politics.

2. The defendant admitted liability but said he had already settled it at KundiawaPeace Mediation with K800.00.

3. After hearing evidence from both parties court found that the injury was serious and that mediation started in Kundiawa was left incomplete and complainant took out summons at Goroka District Court.

4. Court assessed damage at K4, 000.00 but deducted K800.00 for money already paid.

5. Orders: Defendant is ordered to pay the complainant K3, 200.00 for the injury caused, payable within two months from 13.01.17.

Costs of proceeding is awarded to the complainant.

Counsels:
Nil