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Waribi v Kawage [2005] PGDC 76; DC391 (5 May 2005)

DC391

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

CASE NO 310 OF 2005

BETWEEN

Andy Waribi
Complainant

V

Lucas Kawage
Defendant

Port Moresby: Bidar, Pm
2005: 20th April; 5th May.

Civil Claim - Claim for damages for personal injuries arising out of drunken brawl - Liability - whether or not defendant is liable on the facts in evidence - Requirement to prove both liability and damages.

Cases Cited
There are no cases cited in the Judgement.

RULING

5th May 2005

BIDAR, PM: On 27th January 2005 complainant filed summons upon complaint against the defendant, claiming that on the 1st January 2005, during the New Year celebrations where a fight broke out between Tari, Sepik and Simbu people, he tried to stop the fight but was cut on eye by defendant with a bush knife.

He was injured on his left supra orbital area. Both parties have filed and served their affidavits. No cross-examination of witnesses took place, so as to test the veracity and reliability of each other’s affidavit evidence. What is clear is that the fight erupted during the night. Lot of people had been consuming beer and had been either drunk or affected to some extent. On the evidence before Court, it is difficult to say what evidence is reliable and what is not. Court is unable to be satisfied on the balance of probabilities. As I alluded to, evidence for both parties have not been tested. In all the circumstances, I find in favour of the defendant.

I therefore enter judgement for the defendant and I dismiss these proceedings.

In the exercise of Court’s discretion, I award no costs.

Ordered accordingly.

In Person: Complainant
In Person: Defendant