The Respondent, in the Lower Court sued the Appellant for a breach of a contract of sale of goods. The Trial Magistrate ordered and decreed that the Appellant/Defendant pay the un paid balance of the contract sum plus nominal damages to the Plaintiff/Respondent. The defendant was dissatisfied with the decision hence this appeal.
Court emphasized that the Respondent had the burden of proof on the balance of probabilities. That she had the duty to prove that she had dealings in trade with the Appellant that she delivered to him goods on credit and that he has failed or refused to pay the purchase price of the goods. Considering the evidence as a whole court noted that there was no written contract or documentation of the sale, delivery or invoices between the parties in this transaction.