principals advising that the container number MSK 243 3207 – 7 was found empty en route to Nairobi. Consequently it is an agreed fact that the defendant did not deliver the container as contracted by the plaintiff. It is also an agreed fact that the defendant and the third party executed a contract dated 29th of October 2004 and perusal of the contract inter alia shows that it has an indemnity clause indemnifying the defendant against certain third party claims stated therein. It is not in issue that the plaintiff contracted the defendant to transport fish maws to Mombasa in Kenya en route to Vietnam from the plaintiff’s warehouse on Sir Apollo Kaggwa road in Kampala. The goods were loaded on container number MSKU 433207 – 7 on the 31st of March 2010. It is not a contested fact that the goods were lost en route in Kenya. The defendant's main defence is that the goods were transported at the owners risk pursuant to an exemption clause found under its standard trading terms and conditions for the provision of the services of transportation of the goods in issue. Consequently one issue is whether the exemption clause relied on by the defendant exempted the defendant from any liability for loss of the plaintiff’s goods. The sub issue to this is whether the exemption clause in the defendant’s standard conditions were ever brought to the attention of or communicated to the plaintiff at the time the contract for the transportation of the goods in question was executed. Another sub issue in the question of whether there was communication of the exemption clause relates to the admissibility of e-mail allegedly used in communicating to the plaintiff, the terms and conditions of the defendant for the transportation of the goods in question. It is also not in dispute that the defendant had a separate agreement with the third-party in which there is a clause making the third-party liable to indemnify the defendant from third-party claims in certain circumstances which forms the basis of the submissions between the defendant and the third party in this matter. However before the court can determine whether the third-party is liable, the primary issue that has to first be determined is whether the defendant is liable for the loss of the goods of the plaintiff. This issue primarily and firstly rests on whether there was any communication of the exemption clause asserted in defence of the claim by the defendant. In considering this issue there is no need to determine on merits whether the asserted exemption clause covered the situation at hand. However before 16