4. The defendant acknowledged receipt of the consignment. 5. On April 6, 2010 the defendant's employee and/or agent wrote to the plaintiffs principals advising that the container number MSK 243 3207 – seven was found empty en route to Nairobi. 6. The defendant did not deliver the container as contracted by the plaintiff. 7. The defendant and the third-party executed a contract dated 29th of October 2004. The issues for trial 1. 2. 3. 4. Whether or not the defendant is liable for the loss of the goods? What is the amount of the loss suffered by the plaintiff? Whether the third-party is liable to indemnify the defendant? Remedies available to the parties? The joint scheduling memorandum was signed by the parties on 14 November 2011. At the hearing Kiwanuka Kirwowa of Messrs Kiwanuka and Karugire Advocates represented the plaintiff while Barnabas Tumusinguzi of Messrs Sebalu & Lule Advocates, represented the defendant. Dan Wegulo of Messrs Wegulo and Wandera Advocates, represented the third party. The plaintiff called one witness, PW1 Mr. Lin Qian Jian the plaintiffs MD. Defendant called DW1 Mr. Andrew Ejotu the accounts manager of the defendant. The 3rd party also called one witness TPW1 Mr. Geoffrey Baitwa the third party’s MD. At the close of the respective cases of the parties learned counsels opted to file written submissions. Written submissions which were filed in the following order: Plaintiff will filed written submissions on the court record on the 23rd of November 2011 which were presumably served on the Defendant’s and 3rd party’s counsels. The defendant also filed submissions in support of the liability of the third party on the 29th of November 2011. Thereafter the third party Messrs Tractrac Limited filed written submissions on the question of third party liability on the 9th of December 2011. The defendant filed additional written submissions in opposition to the plaintiff’s submissions on the 13th of December 2011. The plaintiff replied to these submissions on the 19th of December 2011. The defendant also replied to third party submissions and 3