Qing Jian Group Co Ltd v Procurement Unit and Others (CCA 122 of 2018) [2019] LSHC 11 (31 October 2019)

Qing Jian Group Co Ltd v Procurement Unit and Others (CCA 122 of 2018) [2019] LSHC 11 (31 October 2019)

The applicant remained disqualified from the original tender process; the re-tender and subsequent award to the applicant were nullified by the prior court judgment, rendering any contract or offer legally void. The application for specific performance cannot succeed.

Citation
[2019] LSHC 11
Parties
Applicant: Qing Jian Group Co. Ltd; 1st Respondent: Procurement Unit; 2nd Respondent: PPAD; 3rd Respondent: Ministry of Public Works and Transport; 4th Respondent: PS Ministry of Public Works and Transport; 5th Respondent: Attorney General; 6th Respondent: Yan Jian Construction Pty Ltd
Court
High Court
Jurisdiction
Lesotho
Judgment Date
31 October 2019
Case Number
CCA 122 of 2018
Procedural Posture
Commercial Judicial Review / Judgment
Outcome
Application dismissed with costs
Legal Topics
Tender Process, Judicial Review, Interdicts, Specific Performance
Source Language
English
Public Procurement Administrative Law Tender Process Judicial Review Interdicts Specific Performance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Qing Jian Group Co. Ltd

Applicant

Procurement Unit

1st Respondent

PPAD

2nd Respondent

Ministry of Public Works and Transport

3rd Respondent

PS Ministry of Public Works and Transport

4th Respondent

Attorney General

5th Respondent

Yan Jian Construction Pty Ltd

6th Respondent

Procedural Posture

Commercial Judicial Review / Judgment

Legal Issues

  1. 1 Whether the applicant was lawfully awarded the tender for construction of the Senate building
  2. 2 Whether the re-tender process was valid
  3. 3 Whether the applicant is entitled to specific performance

Ratio Decidendi

The applicant remained disqualified from the original tender process; the re-tender and subsequent award to the applicant were nullified by the prior court judgment, rendering any contract or offer legally void. The application for specific performance cannot succeed.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Applicant to pay costs