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
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