How WhatsApp’s blue ticks saved a businessman from a UGX88 million debt claim
The only feature on the WhatsApp application that can prove that a party received and read a document is if there are two blue ticks on that message
In a landmark decision, Uganda’s Commercial Division of the High Court threw out a default judgment against Tusubira Joseph Waisswa, director of Watujo Agro Produce Limited, after concluding that the digital evidence presented was insufficient.
The case revolved around a UGX 88 million debt claim by Seroma Limited, which argued that Waisswa ignored summons regarding unpaid maize supplies. However, Waisswa asserted he never saw the summons, citing a damaged phone at the time of service.
Justice Patricia Kahigi Asiimwe’s ruling hinged on the absence of WhatsApp’s “blue ticks” as proof of message receipt, stressing that this feature was crucial to verify Waisswa had read the summons.
“The only feature on the WhatsApp application that can prove that a party received and read a document is if there are two blue ticks on that message,” Asiimwe noted.
The case has highlighted the critical role of concrete digital evidence as technology increasingly permeates legal proceedings. WhatsApp messages are admissible as electronic records in Ugandan courts, yet the ruling emphasizes the need for clear proof of receipt to uphold digital service in legal matters.
This decision may set a precedent for future cases involving electronic notifications in Uganda, pushing for more rigorous standards in proving digital communication.
Legal experts argue the case underscores both the potential and the limitations of relying on technology in judicial processes. As courts adapt to modern communication methods, this case has sparked fresh debate on how justice can keep pace with the digital age.
