Company’s damage claims dismissed due to lack of evidence

By TREVOR WAHUNE
THE National Court in Waigani has dismissed the case of a company claiming damages for properties destroyed by fire from people who leased its building at Erima, Port Moresby, due to insufficient evidence.
On Monday, Justice Derek Hartshorn, found that the plaintiff, JY Trading Ltd, failed to provide evidence to show what started the fire.
The defendants were MIM Holdings Ltd and Peter Pependo by his customary representatives Eric Haiara and Kuribu Ipara.
Justice Hartshorn said the closest the evidence went was that the fire originated from a room in the first defendant’s (MIM Holdings Ltd’s) subleased unit.
“There is no evidence of a specific act, or omission of the first defendant or any of its employees, or security guards that could have caused the fire,” he said.
The court upheld that the plaintiff had no evidence to prove that the cause of the fire was by negligence of care by the shop owners.
“There are numerous ways a fire may start without being due to a negligent act,” Justice Hartshorn said.
“Examples are lightning strikes and some gas or electrical fault.”
Justice Hartshorn said that in that instance, the evidence was that gas and electricity were connected, but there was no evidence to the effect the fire was caused by either gas or electricity.
He said in determining whether res ipsa loquitor (the thing speaks for itself), as relied on by the plaintiff could be invoked, he held “there remained too much in respect of which there was absence in explanation”.