Court Orders Authentication of WhatsApp Evidence in Commercial Dispute

On May 13, 2026, the Commercial Court of Uganda issued a ruling in the case of Mark Mugasha v Mighty Rides Limited and Others, emphasizing the necessity of authenticating electronic evidence, specifically WhatsApp messages, in commercial disputes. The court recalled the applicant to authenticate the disputed messages using an MTN Know Your Customer (KYC) report.

Case Background

The dispute centered around the admissibility of WhatsApp messages as evidence in a commercial transaction disagreement. The applicant, Mark Mugasha, presented WhatsApp communications to support his claims against Mighty Rides Limited. However, the authenticity of these messages was challenged by the respondents, leading the court to require further verification.

Legal Implications

This ruling underscores the judiciary's commitment to ensuring the reliability and integrity of electronic evidence in legal proceedings. By mandating the authentication of WhatsApp messages through an MTN KYC report, the court highlights the importance of verifying the origin and accuracy of digital communications presented as evidence.

Impact on Future Cases

The decision sets a precedent for the treatment of electronic evidence in Uganda's legal system. It signals to litigants and legal practitioners the necessity of providing verifiable and authenticated digital evidence to support their claims. This move is expected to enhance the credibility of electronic communications in court and ensure that justice is served based on accurate and reliable information.

Conclusion

As digital communication becomes increasingly prevalent in commercial transactions, the judiciary's proactive approach in scrutinizing electronic evidence is crucial. This ruling serves as a reminder of the need for meticulous evidence presentation and the adherence to legal standards in the authentication of digital communications.