2010 involved in giving quotations to clients and making phone calls to establish client satisfaction. He used to deal with PW1 and Mr. Jabez from the plaintiff company. Jabez would tell DW1 whether the rates for services provided by the defendant were acceptable or too high and DW1 tried to give him the best rates in the market after consulting and they would then reach an agreement. The rates would include charges for tracking to Mombasa and show the conditions under which the services were given by the defendant and the period of validity of the rates printed out for Mr Jabez as well. Upon expiry DW1 would communicate new rates. His testimony is that the rates would expire and Jabez came to him every two months. Most relevant to the question of when the alleged exemption clause was ever communicated, DW1 testified that at page 24 of trial bundle, he sent two emails to Mr. Jabez one dated January 12th 2010 and another dated the 16th of April 2010. Testified that the email of 12th January 2010 was written by DW1 to Jabez offering freight rates for fish maws to Vietnam and the amount was US 2000 per container and includes all the listed items at page 25 of the trial bundle. This document is exhibit D2 (ii) and at page 2 of the document it provides that “All business is subject to the DAMCO Standard Trading Conditions. All cargo is handled, transported and stored at owner’s risk.” The email does not indicate whether the standard trading terms and conditions of the defendant were attached to the email or handed over to the plaintiff in a hard copy. The plaintiff’s counsel attacked the email on the ground of its authentication in that it could not be verified when it was sent and whether it was received and other matters as submitted by counsel. The defendant’s arguments were that the law relied on to make the attack on email was a statutory rule under American Federal law and unless there was as statute in pari materia in Uganda for the case law quoted to be considered relevant or persuasive. I have considered the submissions of the counsels on the question of admissibility of the email in question. I make particular reference to the submissions of the plaintiff’s counsel on authentication and the defendants reply on the case law thereof being irrelevant. I do not agree that the case law is irrelevant because the Electronic Transactions Act 2011, Act 8 of 2011 applies modern practices in this case at the point of admissibility of evidence as far as requirements for authentication is concerned. Secondly the principles upon which email evidence may be admissible are analogous to the traditional grounds under the 18

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