in the course of transit by means of conveyance declared during the loading and unloading risks". The policy is limited to US.D 55,000 per conveyance/transit and to the East African Region. TPW1 further explained that Threeways Shipping Services Ltd is a sister company to the Third Party which owns the trucks and that Transtrac is a trading company. TPW1 informed court that he had provided a copy of the said endorsement renewal to the Defendant who did not raise any objection and or request the Third Party to increase the amounts under the policy and this evidence remained unchallenged. Counsel contended that this evidence fulfilled the requirements of clause 8.1. to insure the goods. He asserted that the duty of the carrier under clause 8.1 was to provide evidence of insurance cover and there is no requirement that such insurance ought to be in the name of the Third Party. The cargo in issue was at all material times aboard truck no. KBF 384D registered in the names of Threeways Shipping Services (K) Ltd as per Exhibit P5 and as such the goods were insured. He contended that the Defendant is estopped both from objecting to the insurance policy and claiming any amount of money in excess of US.D 55,000 from the Third Party as indemnity for the undelivered goods. Clause 8.1 obliged the Third party to take out "full insurance coverage ..."each cover shall be for an amount per incident which is acceptable to Maersk Logistics" Counsel submitted that the phrase "...full insurance coverage ....” is uncertain for reasons that it is meaningless, it has no application in the circumstances in which it was written. Whereas the Third party was obliged to take “...full insurance coverage .... “it was impossible for it to do so for the following reasons; i. The agreement did not specify any limits in terms of the value of goods to be transported under the agreement. ii. There is no evidence of communication or notice of the maximum value of goods to be transported. iii. With regard to the specific goods in issue, there was no declaration of the value to the Third Party. 44

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