THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA COMMERCIAL DIVISION CIVIL SUIT NO 161 OF 2010 DIAN GF INTERNATIONAL LTD} ...................................................… PLAINTIFF VERSUS DAMCO LOGISTICS UGANDA LIMITED}.................................... DEFENDANT AND TRANTRAC LTD)….................................................................. THIRD PARTY BEFORE HONOURABLE JUSTICE CHRISTOPHER MADRAMA JUDGMENT The plaintiff is a limited liability company incorporated under the laws of Uganda and brought a lawsuit against the first defendant DAMCO Logistics Uganda limited claiming a sum of US$303,330, interest, damages and costs of the suit. In the plaint the plaintiff avers that the defendant is and was at all material times a common carrier of goods for hire and by an oral agreement on or about 31 March 2010 between the plaintiff and the defendant, the defendant undertook to safely and securely ship 306 bags of Nile Perch Fish Maws belonging to the plaintiff from Kampala to Vietnam. The defendant duly received the fish maws but in breach of the agreement, the defendant did not safely and securely carry the said goods or deliver the same to Vietnam within a reasonable time or at all but wrongfully failed to deliver the said goods and the defendant has wholly lost the same. The plaint avers that on 6 April 2010 the defendant's employee and/or agent who wrote to the plaintiffs principles advising them that the container number MSKU4332077 was found empty en route to Kenya. Consequently the plaintiff demanded for refund of money but the defendant refused/neglected to pay the said sum. The plaintiff avers that at all material times the goods were under the care, custody and control of the defendant. The plaintiff therefore avers that the plaintiff has been deprived of 1