certified under the seal of the country or sovereign, or by a recognition
thereof in some law of Uganda;
(d) public documents of any other class in a foreign country, by the
original, or by a copy certified by the legal keeper of the document, with
a certificate under the seal of a notary public, or of a foreign service
officer, that the copy is duly certified by the officer having the legal
custody of the original, and upon proof of the character of the document
according to the law of the foreign country.
In the first place the document was not certified by the legal keeper of the
document neither was it notarised by a Notary Public. Even if it was a Ugandan
document, in the absence of the officer who issued it, in the very least it
should have been certified as a true copy of the original. Consent to admit the
document by the parties cannot stop the court from being cautious about a
document coming from a foreign country purporting to be part of the official
record or report of an event that happened in a foreign jurisdiction.
Be that as it may, the word "theft" has been used in the context of civil liability.
It cannot be given a technical and exclusive definition. First of all, the word
robbery was not used in the contract. I must also add that the word "stealing"
was not used. The Cambridge International Dictionary of English defines theft
as "dishonestly taking something which belongs to someone else and keeping
it; stealing." On the other hand, the word "steal" has a separate definition and
means "to take something without the permission or knowledge of the owner
and keep it.… "steal" can also mean to do something quickly but trying not to
be seen doing it.”
In any case, if the word "theft" is given a technical meaning as provided for
under the criminal law, it would not exclude other kinds of causation of loss
under the general phrase "caused by the loss". The words "the loss", is
alternative to or additional to the word "theft" and "damage". Because the
phrase "the loss" is not defined, it covers other situations not expressly
excluded by the contract. In view of my finding that the loss of the plaintiff's
cargo is a loss envisaged by clause 6.1 of exhibit D1 it follows that the carrier
who is the third-party is responsible to both Maersk Logistics and any customer
for the loss.
51
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