typewriters came into existence and the classical handwriting gave way to the typed
material. And the courts had to give way and make room for that innovation. The
following passage is very instructive both from the point of view of the new material
which was the “dactylographie”, which made its entry in
the court and became
established, and also the evidential requirement that it refers to.
Acte nonsigne: un texte dactylographie peut constituer un commencement de prevue par
ecrit, bien que nonsigne, des lors que la partie a laquelle on l”oppose reconnait qu’elle
l”a elle meme dactylographie et qu’il est son oeuvre materielle et intellectuelle
Civ.ier.jan.1961.Null. Civ.no 41. (reproduced from para 27 of judgment of SCCA in
Nathalie v Sarah Louise WAlsh 2012).
[21]
I presume it would appear foolish to imagine that objections could have been made on the
ground that the typed material was different from handwriting. From handwriting to
typed material the transition must have been very smooth.
[22]
Electronic gadgetry has now become part of our daily life and culture.
[23]
Legislators and policy makers have rightly amended the law and given to the various
electronic gadgets devices, information storages system and new electronic tools the
evidential role that they have.
Section 15 of the Evidence Act and the Electronic
Transactions Act go in that direction. New methods of bringing evidence to the court
have been recognized in the legal system of Seychelles. It would be lagging behind if the
exceptions to article 1347 would not be extended to include these electronic recordings
and data.
[24]
I have no difficulty in holding that the documents referred to by Learned counsel for the
Plaintiff is admissible as a beginning of proof in writing in as much as the contents of the
CD and the pendrive can be printed and produced in court. Learned Counsel for the
Plaintiff has rightly remarked that times have changed. Electronic communications and
recordings are now admissible as evidence.
[25]
I have one more point to make. I would like to refer to the following paragraph from
COOPOOSAMY V DUBOIL (SLR) 2012.
5
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