The High Court in Kampala has upheld the enforceability of a contract executed via WhatsApp messages. The ruling, made by Commercial Division Judge Patricia Kahigi Asiimwe, establishes that messages exchanged on the platform constitute a valid contract under the law.
According to Judge Asiimwe, WhatsApp messages qualify as data messages generated by computer means, falling under the definition of electronic representations of information. The court determined that such messages form a contract in accordance with the Contracts Act, and a cell phone is recognized as a computer under the Information Technology Act.
The case stemmed from a lawsuit filed by Dr. Rodney Mugarura against Paramount Hospital Kampala Limited and its Director, Dr. Simon Begumisa. Dr. Mugarura claimed non-payment of professional fees totaling 41.5 million shillings for performing surgeries contracted through WhatsApp messages.
The court examined the communication between Dr. Mugarura and Dr. Begumisa on WhatsApp, concluding that the messages constituted a valid offer, acceptance, and the provision of services, forming a contractual agreement. Judge Asiimwe further clarified the legal definitions of “data message” and “data” under the Electronic Transactions Act.
In response to the evidence presented, the Judge ordered Paramount Hospital to pay Dr. Mugarura the outstanding 41.5 million shillings, with a 20 percent interest from the filing year of 2021 until full payment.
