acacia pharmarcy vs honorable attorney general another 2011 tzhccomd 2071 31 may 2011

acacia pharmarcy vs honorable attorney general another 2011 tzhccomd 2071 31 may 2011

The only recourse for a party aggrieved by a PPAA decision is to apply for judicial review by way of petition under section 85 of the Public Procurement Act. The Plaintiff improperly instituted the suit by plaint, contrary to mandatory statutory procedure, and the contract in question had already been nullified by the PPAA, leaving no enforceable contract.

Citation
acacia pharmarcy vs honorable attorney general another 2011 tzhccomd 2071 31 may 2011
Parties
Plaintiff: Acacia Pharmacy Ltd; 1st Defendant: Honourable Attorney General; 2nd Defendant: The Regional Administrative Secretary-Shinyanga Regional Commissioners Office
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
31 May 2011
Procedural Posture
Commercial Case / Ruling on Preliminary Objection
Outcome
Suit struck out with costs
Legal Topics
Jurisdiction, Judicial Review, Contract Nullification, Procedural Impropriety
Source Language
English
Public Procurement Law Civil Procedure Jurisdiction Judicial Review Contract Nullification Procedural Impropriety

Case Brief

Summary, issues, holding and outcome

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Parties

Acacia Pharmacy Ltd

Plaintiff

Honourable Attorney General

1st Defendant

The Regional Administrative Secretary-Shinyanga Regional Commissioners Office

2nd Defendant

Procedural Posture

Commercial Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the suit contravenes sections 82(6) and 85 of the Public Procurement Act, No. 21 of 2004
  2. 2 Whether the Plaint is defective for containing a verification clause contrary to Order VI Rule 15(2) and (3) of the Civil Procedure Code

Ratio Decidendi

The only recourse for a party aggrieved by a PPAA decision is to apply for judicial review by way of petition under section 85 of the Public Procurement Act. The Plaintiff improperly instituted the suit by plaint, contrary to mandatory statutory procedure, and the contract in question had already been nullified by the PPAA, leaving no enforceable contract.

Court Disposition

Suit struck out with costs

Orders

  • The suit is struck out with costs.