ako group limited vs attorney general others 2022 tzhc 3091 29 april 2022

ako group limited vs attorney general others 2022 tzhc 3091 29 april 2022

The applicant satisfied the legal requirements for leave to apply for judicial review by timely lodging the application, demonstrating sufficient interest, and establishing an arguable case. The suspension of the debarment order is warranted for 45 days to preserve the applicant's position pending judicial review.

Citation
ako group limited vs attorney general others 2022 tzhc 3091 29 april 2022
Parties
Applicant: Ako Group Limited; 1st Respondent: The Attorney General; 2nd Respondent: The Public Procurement Appeals Authority (PPAA); 3rd Respondent: The Public Procurement Regulatory Authority (PPRA)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 April 2022
Procedural Posture
Application for Leave to Apply for Prerogative Order of Mandamus / Ruling on Application for Leave and Interim Suspension Order
Outcome
Leave granted to apply for judicial review. Suspension of debarment order granted for 45 days. Each party to bear its own costs.
Legal Topics
Judicial Review, Mandamus, Debarment, Public Procurement Appeals, Suspension of Administrative Orders
Source Language
English
Administrative Law Public Procurement Judicial Review Mandamus Debarment Public Procurement Appeals Suspension of Administrative Orders

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Parties

Ako Group Limited

Applicant

The Attorney General

1st Respondent

The Public Procurement Appeals Authority (PPAA)

2nd Respondent

The Public Procurement Regulatory Authority (PPRA)

3rd Respondent

Procedural Posture

Application for Leave to Apply for Prerogative Order of Mandamus / Ruling on Application for Leave and Interim Suspension Order

Legal Issues

  1. 1 Whether the applicant is entitled to leave to apply for judicial review (mandamus) against the respondents for failure to determine an appeal and for failure to appoint members of the Public Procurement Appeals Authority
  2. 2 Whether the debarment order against the applicant should be suspended pending determination of the judicial review

Ratio Decidendi

The applicant satisfied the legal requirements for leave to apply for judicial review by timely lodging the application, demonstrating sufficient interest, and establishing an arguable case. The suspension of the debarment order is warranted for 45 days to preserve the applicant's position pending judicial review.

Court Disposition

Leave granted to apply for judicial review. Suspension of debarment order granted for 45 days. Each party to bear its own costs.

Orders

  • Leave granted to applicant to apply for judicial review.
  • Suspension of debarment order issued by the 3rd respondent for 45 days from the date of the ruling.