In this clause the Third Party undertook to indemnify the Defendant. On this, there is no doubt or argument. Counsel submitted that liability is triggered in the event of loss arising out of theft, or loss of the goods. Counsel further submitted that the third party’s contention is that the goods were “robbed” and “not stolen” outside the scope of the word theft and therefore does not lead to liability of the third party to indemnify the defendant. Learned counsel relied on the definition of theft in Black’s Law Dictionary defines that it is: "The felonious taking and removing of another's personal property with intent of depriving the true owner of it". He contended that it is the taking, removal and deprivation of the goods that is critical. The means of how the goods were stolen would not be relevant in the circumstances of the case. Counsel relied on Exhibit P2, the Police Report which describes the act that of loss of the goods as "theft" of the 18 tonnes of Cocoa Beans and 5 tonnes of fresh fish maws and argued that this corresponds with what Clause 6.1 quoted above provided for. Secondly learned counsel for the defendant submitted that the Third Party’s contention is that if they are liable then, they are liable to the extent of USD.55,OOO (United States Dollars Fifty Five Thousand) being the insured value per consignment. They also indicated that they brought the policy to the attention of the Defendant who did not raise any objection and or request the Third party to increase the amounts under the policy and finally that the defendant had not declared the value of the goods. As far as insurance cover is concerned, learned counsel argued that the Insurance policy cover was exhibited in Court Exhibit TP1 and has as the insured party Messrs "THREE WAYS SHIPPING SERVICES LIMITED" and not the Third Party TRANSTRAC LIMITED. It is clear that the Third Party and the party that transported, the party that owned the Truck from the evidence of PTW1 are all owned by TRANSTRAC, a sister company but not the Third party company. It follows that all the evidence that was led based on the policy exhibit TP1, should all be disregarded as there was strictly speaking no Insurance that had been undertaken in compliance with the provisions of clause 8.1 of the Contract between the Third Party and the Defendant or that if such Insurance had been taken out, then no evidence has been adduced to show that it was indeed taken out. Counsel further relied on clause 8.3 of the 38