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Sakilya v Enga Provincial Government [2020] PGNC 442; N8574 (12 October 2020)

N8574

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

WS NO. 531 OF 2003

BETWEEN
SOLOMON SAKILYA
Plaintiff

AND
ENGA PROVINCIAL GOVERNMENT
First Defendant

AND
SIMON KAKIO
Second Defendant

Wabag: Makail, J
2020: 12^thOctober

DAMAGES – Assessment of damages – Costs of repairs – Costs incurred for damaged motor vehicle – Out of pocket expenses – General damages for frustration and hardship – No contests to damages claimed – Dispute as to apportionment of damages between defendants – Apportionment at 80% and 20% ordered

Cases Cited:

Nil

Counsel:
Mr. J. Yapao, for the Plaintiff
Mr. M. Kambao, for the First Defendant
Second Defendant in person

JUDGMENT

12^th October, 2020

1. MAKAIL, J: Following judgment on liability, it was agreed between the parties that the Defendants shall pay the following damages:

(a) K45,000.00 for costs of repairs.
(b) K 1,000.00 for out of pocket expenses.
(c) K10,000.00 for damages for frustration and hardship.

Total - K56,000.00

2. The First Defendant is willing to pay 80% of the total sum and 20% to be paid by the Second Defendant. The Second Defendant supported by the Plaintiff submitted that the First Defendant should wholly bear the responsibility of paying the total sum.

3. I uphold the First Defendant’s submission on the basis that as an employee of the First Defendant, the Second Defendant had a duty of care to ensure the motor vehicle is maintained and avoid accidents. For the Second Defendant to pay some of the damages will be a lesson to him and other officers of the Enga Provincial Government to take care of Provincial Government property and assets. He must therefore, bear some of the costs.

4. Twenty percent (20 %) of the total sum of K56,000.00 is K11,200.00. He will pay K11,200.00 and the First Defendant shall pay K44,800.00.

5. As to interest, due to this long outstanding matter caused by a number of factors including irregular Court sittings over the years, I will, in my discretion conferred under the provisions of the Judicial Proceedings (Interest on Debts and Damages) Act, 2015, award interest at 2% from the date of issue of writ to the date of judgment on liability.

6. I will order the Second Defendant to pay the costs of the proceedings, to be taxed, if not agreed.

7. The orders are:

1. 1. Judgment is entered in the total sum of K56,000.00 which shall comprised of:
   
   • (d) K45,000.00 for costs of repairs.
   • (e) K 1,000.00 for out of pocket expenses.
   • (f) K10,000.00 for damages for frustration and hardship.
     
2. The total sum of K56,000.00 shall be apportioned between the Defendants and the First Defendant shall pay 80% of the total sum which is K44,800.00 and the Second Defendant shall pay 20% of the total sum which is K11,200.00 forthwith.
   
3. The Second Defendant shall pay interest at the rate of 2% under the provisions of the Judicial Proceedings (Interest on Debts and Damages) Act, 2015 from the date of issue of writ to date of judgment on liability.
   
4. The Second Defendant shall pay costs of the proceeding, to be taxed, if not agreed.

5. Time shall be abridged.
Judgment and orders accordingly.
________________________________________________________________
Mackenzie Lawyers: Lawyers for the Plaintiff
Provincial Legal Officer: Lawyers for the First Defendant