which were not objected to within the time stipulated in the agreement. Counsel for the plaintiff in this regard submitted that Para 5 (c) (iii) provides that
"...any claims that are rejected by MICROCARE HEALTH LIMITED will be returned to the SERVICE PROVIDER within 15 to 30 days of delivery to MICROCARE HEALTH LIMITED with the grounds for rejection clearly stated."
Counsel for the plaintiff asked Court to accept the evidence of Mr. Masereka Nsibasi, a professional Accountant/Auditor, who independently verified all transactional documents relevant to the case and found that the Plaintiff was
owed Shs. 73,137,715/-- by the defendant company.
Furthermore Counsel for the plaintiff submitted that the counterclaim by the defendant which alleged over payment of Shs 30,000,000/= on the basis of wrong pricing was just an afterthought brought in by amendment of pleadings one year after the first defence was filed and should be disregarded.
For the defence Dr. Gerry Noble testified that the Plaintiff charged prices higher than the totals agreed upon by the parties. To prove this point, Dr Noble produced sample Medical Treatment Access Claim (''MTAC") forms, which were signed and stamped by the Plaintiff's officiate. According to Dr Noble these forms listed claims for higher fees/accommodations than what the Plaintiffs price list for that period (Sept. 2005-06) would have allowed.
Counsel for the defendant submitted that in one example Mr. Turyamureba the plaintiff's accountant could not explain why certain forms charged over Shs. 2,000,000/= for services that should have cost a maximum of Shs. 350,000/= according to the price 1st for that period provided by the plaintiff and that the said witness conceded that the amount was an over charge. Counsel for the defendant submitted that the overcharge (Shs 1,650,000/=) should be deducted.
Counsel for the defendant submitted that during the trial, Dr. Noble produced a voluminous overcharges report, and demonstrated overcharges of at least Shs 23,000,C0C/= cut a possible Shs 50,GC0,0GG/=. Of this amount counsel for the defendant submitted that the Plaintiff only cast doubt on Shs 3,000,000/= of the charges alleged in the report.