liability of the third-party or any party, it cannot be written in the word "the loss" provided as a cause under clause 6.1 of the agreement exhibit D1. Because robbery is not an excluded cause for liability, it can be covered by the word "the loss" referred to above. I therefore don't need to consider whether the word "theft" is a generic term that incorporates in it "robbery" as a form of theft. Secondly, I have taken into account the submissions of the plaintiff that robbery of the plaintiff’s cargo has not been proved in this court. According to the pleadings and testimony of TPW1, the loss occurred due to an alleged robbery. I must add, that I have already held in agreement with submissions for the plaintiffs counsel that no evidence was led that there was an actual robbery. Exhibit TP2 which is the police report dated 19th of October 2010 is entitled "police report". It is head noted CID Email and may have arisen from that office. The document is not a charge sheet. It shows that five suspects were charged and produced at Makindye Principal Magistrate's Court on robbery charges. Three witnesses in brackets stated to be for the thirdparty testified. None of these witnesses were called by the third-party. Instead it is the third parties managing director who appeared as TPW1. He received the report of what could have happened but this cannot substitute first hand testimony of the people who witnessed the alleged incident. It follows, that the submissions of the third-party is premised on an assumption that robbery was proved in evidence. Even on the ground that exhibit TP 2 was admitted by consent of the parties, none of the witnesses or the authors of the report were ever called. What is even material is that it is a document purporting to emanate from outside the jurisdiction of this court in that it emanates from a foreign country. Section 77 (1) (d) of the Evidence Act, provides for proof of official documents emanating from a foreign country. It provides: 77. Proof of other official documents. (1) The following public documents may be proved as follows— (b) the acts of the executive or the proceedings of the legislature of a Commonwealth or foreign country, by journals published by their authority, or commonly received in that country as such, or by a copy 50