Defendant and had been assigned to deal and did go to Damco to handle matters related to the export of the goods. Counsel submitted that Jabez was better placed to deny that he ever received the email than PW1 given the nature of his work. Secondly counsel submitted that the email in question was admitted by consent and the plaintiff ought to have objected to the email at the time of the consent is he had any serious objections to it but he did not. PW1 may have known about the email in 2010 April 2010 but he could not speak for Mr. Jabez. As far as proof of the contents of the email are concerned counsel submitted that the contents thereof do relate to the transaction in issue, and the details have a full bearing on the nature of transaction in issue. Counsel further submitted that the fact that the email address was not indicated was well and ably explained by DW1. That the email Exh. D2 (i) was received by the Plaintiff's agent one Jabez, and the moment the Defendant adduced the evidence that the email was sent with the conditions, the burden shifted to the Plaintiff prove that it was never received. Consequently in "conformity with the SECURICOR COURIER K LTD case, cited by Counsel for the Plaintiff, the Exclusion clause was brought to the attention of the Plaintiff and is accordingly enforceable. As far as alteration of the email of giving notice to the plaintiff is concerned counsel for the defendant submitted that no evidence was led to show that the email was altered after being sent. Moreover the email had already been admitted in evidence and, therefore, the issue of its admissibility does not arise. As far as the article "BACKTO THE FUTURE" relied on by Counsel for the Plaintiff is concerned the defendants counsel contended that it cannot be relied on and is easily distinguishable because authentication of emails which Counsel for the Plaintiff says is a requirement and should have been done in this case is a requirement under United States Federal Law (see page 367) of the said Article and specifically this is a requirement under Rule 961 of the Federal Rules of Evidence of the United States of America as evidenced on Page 367 of the said Article. Counsel contended that unless Counsel for the Plaintiff is able to show a local Ugandan Statute in pari materia, this Court cannot apply provisions of the United States Federal law. Counsel submitted that the Plaintiff denied receiving the email but having proved that the email was sent, the burden shifted to the Plaintiff to show that it was not received. The plaintiff chose not to call Mr. Jabez who received the mail as a witness and contended that there was no justifiable reason shown, 11