15 (1) In any trial, a statement contained in a document produced by a computer shall be admitted as evidence of any fact therein of which direct oral evidence would be admissible, if it is shown that (a) The computer was used to store, process or retrieve information for the purposes of any activities carried on by any body or person; (b) The information contained in the statement reproduces or is derived from information supplied to the computer in the course of these activities; and (c) While the computer is also used in the course of those activities (i) Appropriate measure were in force for preventing unauthorized interference with the computer; and (ii) The computer was operating properly or, if not, that any respect in which it was not operating properly or was out of operation, was not such as to affect the production of the document or the accuracy of its contents. [12] Learned counsel for the Defendant has stressed that his objection was spontaneous or timely, just at the right time, that is , it was made as soon as the Plaintiff showed that she was relying on oral evidence. [13] He also submitted that the Defendant had never texted to the Plaintiff to accepting that there was a debt and therefore there was no writing emanating from him as such. He further referred to the conditions that must be fulfilled in regard to hearsay evidence in accord with the Civil Evidence Act 1995. [14] Learned Counsel for the Plaintiff submitted that he has sufficiently made it clear that on the list of documents upon which he is relying includes CD recording of agreement inter partes; that he had attached the list to his plaint and indeed in the answer to request for further and better particulars, dated 10 September 2017, or para item 10 it reads: Verbal agreement. Recordings. Supporting documents. 3

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