given the amount claimed why he could not be called back from China to testify. As to the submission of the plaintiff’s counsel that the evidence of DW1 and TPW1 as to what happened to the goods was hearsay, defendants counsel submitted that this was an attempt to pour cold water on the contention of the Defendant and Third Party evidence as to what happened to the goods. However, documentary Exhibit TP2 was admitted by consent in evidence without objection by Counsel for the Plaintiff and it demonstrates what happened to the goods. Secondly, Counsel for the Plaintiff did not object to the said evidence and did not show in his cross-examination how this evidence was false or demonstrably unreliable. Counsel distinguished the case of SDV Transami (U) Limited vs. Nsibambi Enterprises, relied on by Counsel for the Plaintiff to show that because there was a fundamental breach, the Defendant was liable. In the SDV Transami (U) Limited -vs- Nsibambi Enterprises case, there was negligence on the part of the Carrier who loaded the Container in a manner that subjected the same to tipping over, and falling and damaging the goods. There is no claim in the suit that the Defendant was negligent, and indeed no negligence was pleaded against the Defendant. The Judges of Appeal noted there was a duty to deliver the goods as per Contract between the parties unless for good reason ... (page 10) of the Judgment: "Had it been shown that the Appellant or its servants were diligent and had fulfilled their obligations, I would have accepted Counsel's submission that the exemption absolved the Appellant of any liability". The Judge went further; "No evidence was adduced by the Appellant to show that damage to the Respondent's cargo was not due to a fault on its part or that what was required of it was done but still the accident occurred'. Relating the observations of the Judge of Appeal to the facts of this case, it is clear that the loss of the goods in this case was occasioned by circumstances beyond the control of the Defendant. The Defendant and its agents did what was required of them but still the goods got stolen, as the stealing could not have been reasonably foreseeable and, the theft was beyond the control of the Defendant. The case of SDV Transami (U) Limited -vs- Nsibambi Enterprises, on the contrary supports the Defendant's contention as the circumstances that would have entitled the Appellant to exclude liability are on all fours with those in 12