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Willie v Rex [2013] PGDC 5; DC2046 (29 November 2013)

DC2046

IN THE DISTRICT COURT OF PAPUA NEW GUINEA
HELD IN KUNDIAWA

DC NO 12 of 2012

BETWEEN

SIWI WILLIE
(Complainant)

AND

GOIYE REX
(Defendant)

Magistrate: Josephine Kilage, Kundiawa
29 November 2013

Civil Court: Complainant seeks damages for nonpayment of K2300.00 loan which was obtained by the defendant on behalf of a third party.

Court Process: The matter was first mentioned in court on 14th March 2013. Since 14th March 2013 to 29th November 2013 neither parties has come to the court to refute or claim the damages sought. This matter is now being heard with the view of summarily disposing it. Court notice has been given to both parties to attend to court today. Neither party attended court today.

Law: Section 88, Section 89,Section 90, Section 91 of the District Courts Act

Parties to proceeding:

Mr Siwi Willie: No appearance
Mr Goiye Rex: No appearance

Corum: Mrs Kilage-Bal

Held:

➢ The Complainant has not appeared to proceed with this case since filing of summons on 14th March 2012
➢ This case is struck for want of prosecution.

Ruling

➢ Case struck for want of prosecution.

Facts:

1. Complainant is a self employed businessman
   
2. Defendant went to the complainants house and borrowed K2,300.00.
   
3. Defendant borrowed the money on the condition that he would pay one hundred percent
   
4. The Defendant has not paid the complainant the principle amount of K2300 or the interest of K2300.00.
   
5. The complainant brought the matter to the Kundiawa District Court by way of civil summons on 28th February 2012.
   
6. The matter was first mentioned in court on 14th March 2012 and on 30th March 2012. On both dates mentioned there was no appearance by the complainant or defendant. On 30th March 2013 the matter was adjourned sine dei and the complainant was ordered to set a new date for the matter to be mentioned.
   

Ratio Decidendum:

On 30th March 2012 there was no appearance by either party so I had the matter adjourned sine dei. I ordered that the complainant would approach the counter and see the Clerk of Court for a new date for the matter to be mentioned.

From 30th March 2012 to 29th November 2013 the complainant has not come to the Registry to have a new date set for this matter to be mentioned. Since the first mention until today the complainant has not appeared in court. This is a prolonged matter where the complainant has shown no sign of proceeding with the matter. For the above reasons I make the following order:

The Complainants summons and complaint filed and dated 2nd March 2012 is now struck for want of prosecution.

Mrs J.Kilage-Bal
Magistrate