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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