Try asking the following...
JUDGEMENT
Plaintiff issued out a Writ of Summons together with a Statement of Claim against the Defendant and prayed the Court for the following reliefs:
a. Recovery of the sum of Seventy-five Thousand, Four Hundred and Ninety-Five USD and Fifty cents (US$75,495.50) being the outstanding balance of the purchase price of the property.
b. Interest on the amount of Seventy-five Thousand, Four Hundred and NinetyFive USD and Fifty cents (US$75,495.50) at the prevailing commercial lending rate from 22nd September, 2017 till date of final payment.
c. Damages
d. Costs, including lawyers’ fees.
Defendant filed his Statement of Defence and Counterclaim as follows:
1.An order for proper reconciliation of accounts.
2.A declaration that the Plaintiff breached the arrangement with the Defendant to install Smart Home System.
3.Compensation occasioned as a result of the Plaintiff’s breach of the arrangement to install the Smart Home System.
4.General damages for breach of the contract.
5.Costs including Solicitor fees.
Plaintiff filed Reply and Defence to the Counterclaim. And at the end of the pleading, the following issues were set down for trial:
a. Whether or not the Defendant has paid 99% of the total purchase price of the Seven Hundred and Seventy Thousand Dollars (US$ 770,000.00) for the property.
b. Whether or not the parties agreed for the Plaintiff to install a smart home feature on the property at the cost of Thirty Thousand United States Dollars (US$30,000.00)?
c. Whether or not the Defendant made initial deposit of Eleven Thousand United States Dollars ($11,000.00) to the Defendant before paying the purchase price?
d. Whether or not the Defendant failed and/or refused to grant the Plaintiff’s third-party contractor access to install the smart home feature on the property?
e. Whether or not the Defendant breached the agreement to install the smart home feature on the property?
f. Whether or not the Defendant has breached the contract dated 14th September, 2017?
THE BURDEN OF PROOF/BURDEN OF PERSUASION
Before proceeding to deal with the evaluation of the evidence and vis-a vis the issues set down, let me make some preliminary remarks about what is required by the law in relation to the duty of the Plaintiffs before the Courts. By law, the Plaintiffs have a burden to prove their case to the standard required in civil actions; that is, on a balan