Euro Games Technology Limited vs Evergrande Investment Development Co Ltd,, commercial Case no 74 of 2023.

This case is about amendment done on tendering an electronics evidence

  1. Moreover, Section 18(2) of the ETA applies to invoices that are generated or prepared by using the computer system.
  2. The new position is found under Section 29(2) of the Legal Sector Laws (Misc. Amendments), Act No. 8A of 2023 that amended Section 18(2) of the ETA by deleting the word “admissibility”. It means that from the time the amendment came into force the data messages sought to be tendered in evidence may be admitted without subjecting them to reliability requirements prior to its admission into evidence. They will be subjected to reliability tests during weighing or evaluation of evidence and not at the admission stage. That is the task of the court not the witness.
  3. In lieu of the amendment cited it is thus not mandatory to do reliability tests at admission stage. It may be good to do so but it is not mandatory.