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Kitogara’s application to restrain PPL, refused

By GABRIEL KATUHO

WAIGANI National Court has refused an urgent application filed by a company named “Kitogara Limited” against PNG Power Limited (PPL).

The application was filed on May 26, 2023 to restrain PPL from carrying out its mandated rights by disconnecting electricity to the Kitogara Limited’s rental properties.

Kitogara Ltd filed the application after the company was served a power disconnection notice involving more than K300, 000 back-bill charges for illegal connection.

PPL served the notice on May 24, 2023 as a means to recoup its outstanding back-bill within 48-hours. Kitogara Ltd owns a property located at Koki in the National Capital District which it leases out units to different tenants to conduct business.

One of the tenants is, Changie Enterprises Limited was found to have been using electricity illegally. Since the property has a bulk metering and is registered under Kitigara Ltd, the back-bill was issued to the landlord which resulted in filing the application seeking restraining order against PPL.

However, the Court on Tuesday August 8, 2023 refused to grant Kitogara an order to permanently restrain PPL.

Kitogara shifted the blame to the second defendant and tenant, Changle Enterprise Ltd for the back-bill but the court found that Kitogara, as the landlord cannot escape liability for the back-bill.

Changle Enterprise operates fast food chain, DFC and KMC and TNZ – its freezer goods distribution company, and was named as the second defendant while the first defendant being the PPL.

Deputy Chief Justice, Ambeng Kandakasi, who presided over the matter refused to grant the order sought by the plaintiff.

PPL Lawyer, Alzaria Hombunaka told the court that the meter connection arrangement and billing systems were all registered to the landlord, therefore the payment reminder notice was issued to Kitogara and not Changle.

The Court ruled that the landlord should take ownership over the issue and ensure the bill is settled as PPL has the right to take action to recoup its bills.

The Court also ordered that each party in this case will bear their own legal costs.Meanwhile, PPL said it will go ahead with its disconnection exercise to recoup the said outstanding bills.

PPL also said it ensure Kitogara disconnects power to Changle’s Shop 1 and 2 through the Check Meters and disconnect through the bulk meter to the whole commercial building that consists of twenty of the shopping units.

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