Exhibit shows that the name of the Third Party is not mentioned anywhere on the Policy as the Insured, beneficiary, or even loss payee in the event of a loss and there is no contractual nexus between the Third Party and Threeways Shipping in the Insurance contract that would form the basis of a claim by the Third Party. On the question of the term “robbery” as opposed to the term “theft” counsel submitted that the contract being construed is a business contract must be construed in a commercial sense. Counsel contended that it cannot by any stretch of imagination be said that when the parties wrote to the agreement, they envisaged a scenario where in the event of loss they would have to be bogged down by the finer distinctions of Criminal Law as to what constitutes Robbery and what constitutes Theft. The most important aspect and what the parties were looking at, is that goods could be stolen and what would happen if the same were stolen. In both Theft and Robbery, the central point is that the owner of the goods is deprived of the ownership of those goods, irrespective of the manner of the taking. This was done in this case. The owner of the goods was deprived permanently of the goods. Counsel submitted that bring about the finer distinction between "Theft" and "Robbery", is a conclusion that flouts business common sense and should be rejected. He prayed that the court finds the third party liable to indemnify the Defendant. Judgement on the question of indemnity by the Third Party I have carefully considered the lengthy submissions of the third party and the defendant. The dispute revolves around interpretation of clause 6 in the agreement dated 29th of October 2004 and exhibited as exhibit D1. There are two main grounds of contention. The first is that clause 6.1 does not include robbery, among the grounds upon which the third-party is liable to indemnify the defendant in the event that it was the cause for the loss of cargo. Secondly, the defendant contends that the third party is in breach of contract for not taking out a full insurance coverage for the goods. On the other hand and in the alternative the third-party submits that if it is to be held liable at all, it's liability is limited to a sum of United States dollars 55,000. I will first set out 47