High Court in Kampala Upholds Legality of WhatsApp Chats as Binding Contracts
The Commercial Division of the High Court in Kampala, led by Judge Patricia Kahigi Asiimwe, has affirmed the legality of contracts formed through WhatsApp chats.
The High Court in Kampala has affirmed the legality of a contract performed using WhatsApp chats. Commercial Division Judge Patricia Kahigi Asiimwe ruled that messages shared on the platform constitute a legally binding contract.
According to Judge Asiimwe, WhatsApp communications are data messages generated by computer means, which fall under the concept of electronic representations of information. The court found that such texts constitute a contract under the Contracts Act, and a cell phone qualifies as a computer under the Information Technology Act.
The case arose from a lawsuit brought by Dr. Rodney Mugarura against Paramount Hospital Kampala Limited and its Director, Dr. Simon Begumisa. Dr. Mugarura claimed nonpayment of professional fees totaling 41.5 million shillings for surgeries contracted over WhatsApp conversations.
The court evaluated the WhatsApp contact between Dr. Mugarura and Dr. Begumisa and determined that the communications constituted a lawful offer, acceptance, and providing of services, resulting in a contractual agreement. Judge Asiimwe clarified the legal definitions of “data message” and “data” in the Electronic Transactions Act.
In response to the facts submitted, the Judge ordered Paramount Hospital to pay Dr. Mugarura the due 41.5 million shillings, plus 20% interest from the filing year of 2021 until complete payment.
