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Abauale Construction v The Secretary, Department of Central [2005] PGDC 14; DC112 (6 May 2005)

DC112

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

CASE NO 707 OF 2004

BETWEEN

ABAUALE CONSTRUCTION & WENDY MANU
Complainants

AND

THE SECRETARY, DEPARTMENT OF CENTRAL

First Defendant

AND

HENRY REI, THE PROVINCIAL INSPECTOR
CENTRAL PROVINCE ADMINISTRATION

Second Defendant

AND

WORKS CO-ORDINATOR,
CENTRAL PROVINCIAL GOVERNMENT

Third Defendant

PORT MORESBY
BIDAR, PM

21 April 2005
6 May 2005

Debt - Claim for Debt owing for services rendered - Award of Contract for repair and maintenance of defendant's property - Judgment for complainant.

Cases Cited

There are no cases cited in the Judgment.

DECISION

6th May 2005

BIDAR, PM: Abauale Construction, a local construction company was awarded a contract to repair a property at section 416 allotment 16, Gerehu. The founder of the Abauale Construction was late Begiu Manu. After the repair and maintenance was completed, a claim for K9, 000.00 was lodged with the Central Provincial Administration. Whilst waiting for the claim to be paid, Mr. Manu unfortunately died. The claimed survived and his daughter as next of kin brings this suit against the defendants.

The claim appears to be a straight forward one. The only issue is that of a member of Central Provincial Administration who authorized the contract. It is said that he had no authority to authorize such contract. He was not a member of Central Provincial Tenders Board. There was no funding allocated for such work.

Complainant, Abauale Construction was entitled to act on the ostensible authority of the person who authorized and awarded the contract, which it did, and carried out repairs and maintenance to the property in question.

Having considered the affidavits deposed on behalf of the complainant. I find that the sum of K9, 000.00 remains unpaid to date. In all the circumstances, I find for the complainant. I therefore order judgment for complainant in the sum of K9, 000.00. I allow interest at 8% from date of summons to judgment which calculates to K720.00. Complaint shall have its costs paid by defendants.

Ordered accordingly.

Complainant: In Person
Defendants: Non Appearance