Kampala, Uganda – Uganda’s Commercial Division of the High Court has set aside a default judgment against Tusubira Joseph Waisswa, director of Watujo Agro Produce Limited, due to insufficient digital evidence. The court emphasized the importance of WhatsApp’s “blue ticks” feature as proof of receipt.
The case centered on a UGX 88 million debt claim by Seroma Limited, which alleged that Waisswa had not responded to prior summons related to unpaid maize supplies. However, Waisswa claimed he never saw the summons, asserting that his phone was damaged at the time of service.
Justice Patricia Kahigi Asiimwe’s ruling highlighted the need for concrete proof when using technology to replace traditional service methods. “The only feature on the WhatsApp application that can prove that a party received and read a document is if there are two blue ticks on that message,” Justice Asiimwe stated.
This decision raises questions about digital evidence requirements in Ugandan courts, particularly as electronic notifications become more common. WhatsApp messages are considered electronic records and are admissible as evidence in court, but the court requires proof of receipt.
The ruling may have far-reaching implications for future cases involving electronic service in Uganda, setting new standards for proof of receipt in a digital age. Legal experts say the decision underscores the challenges of relying on digital communication in legal processes and the need for clear guidelines on digital evidence.
The case has sparked debate about the reliability of digital communication in legal matters and the importance of verifying receipt. As technology continues to evolve, courts must adapt to ensure that justice is served.
