the recipient claim non-receipt. Learned plaintiff’s counsel submitted that exhibit D2 (ii) which the Defendant relies on as prove of notice of the terms of carriage to the Plaintiff does not show the sender, recipient, date of sending or even the time. On the other hand exhibit D2 (i) which is another email sent to the Plaintiff clearly shows the sender, recipient, date of sending or even the time. Counsel asked the court to reject the explanation afforded by DW1 that the emails were archived and that is why they do not show the sender, recipient, date or time as a complete falsehood. He contended that there is no evidence of the witness' expertise in interpreting electronic documents or their meta mathematics. Counsel contended that the Defendant who wishes this court to find that he gave the Plaintiff notice of the terms and conditions of service by email has failed to discharge the burden of proving that the email communication was sent to, leave alone received by the Plaintiff. The defendant did not exercise diligence of a common carrier. Counsel further submitted that instructions and/or contractual obligations/ engagement give rise to an obligation to take reasonable care. (Halsbury's Laws of England 3rd Edition Vol. 4 p. 137). Counsel referred to the testimony of DW1 on the loss of cargo, the email from Nakiyingi Rebecca and employee of the Defendant informing the plaintiff of the loss and the agreed facts establishing the loss of cargo en route to Mombasa. He contended that DW1 did not know where Nakiyingi got the information contained in her email Exhibit 02 (i) but believes investigations were carried out but did not know what happened. In re- examination he testified that the goods were stolen in the custody of the third party, the carrier and that the third party would be in the best position to explain what happened. In this respect TPW1 testified that the cargo was not delivered to Mombasa as agreed because the vehicle was attacked by some people who put the occupants at gun point in another small car and drove off and the truck was driven off by a third party. In cross examination by counsel for the Plaintiff he testified that Exh 05 is dated 13th April 2010 about seven (7) days after the loss of the cargo and long before the police report was issued and that he was not at the scene and was just told about what transpired and the police report which was presented does not have the details of what happened at the scene. Counsel attacked the testimony of DW1 and TPW1 as to what happened to the goods in question as inadmissible hearsay evidence. He contended that the defendant did not adduce any evidence as to whether it exercised any 8