Continental Sales Ltd. v. R. Shipping Inc. [2013] 4 NWLR (Pt. 1343) 67 at 85, paras. G-H, per Ogunwumiju, JCA:
“E-mail is a form of communication that is set down in writing. It is not oral. The fact that it is electronic is immaterial. It is not in thin air. It can be downloaded and as real as a hard copy of the letter or mail in your hand.”
Notes:
Positions as the above is welcome in a society that is rapidly changing and working to meet new developments. In the case, the Court was called upon to determine an issue bordering on admissibility of electronic evidence as a medium of service of court processes. The Court made the above pronouncement and noted that:
“As far back as 1969, the Supreme Court in the case of Esso West Africa Inc. V. T. Oyegbola (1969) NMLR 194, 198… the Court said: “The Law cannot be and is not ignorant of modern business methods and must not shut its eyes to the mysteries of the computer.”
