JUDGMENT
INTRODUCTION
When there is an agreement to supply and install a LED Machine for consideration and part payment made, can the balance be deemed a gift for the mere reason that the supplier demanded for the payment only once and the debtor also made a request that the balance be deemed a gift by the supplier? An allegation of waiver imposes a duty of proof on the proponent of such an assertion. The Defendant’s defence to this claim borne out of otherwise simple contract is what has to be interrogated by this Court.
SUMMARY OF CASE OF THE PARTIES
The Plaintiff’s claim against the Defendant is a very simple one, that he supplied and installed LED display screen to the Defendant’s church at a discounted cost of US$33,000.00 sometime in July 2019. That the parties executed an agreement Exhibit “B” and a Proforma invoice Exhibit “C” was submitted to Defendant. After the installation, the Defendant only paid GH$2,000 in October 2021 (being the equivalent of US$322.06 and issued a ch…