diamond motors ltd vs the central tender board another 2004 tzhccomd 59 19 november 2004

diamond motors ltd vs the central tender board another 2004 tzhccomd 59 19 november 2004

Since the Public Procurement Appeals Authority, though constituted, was not operational at the material time, the applicant was entitled to approach the court directly for redress. The preliminary objection was dismissed, but ultimately, leave to file the substantive application was rejected and the application dismissed with costs.

Citation
diamond motors ltd vs the central tender board another 2004 tzhccomd 59 19 november 2004
Parties
Applicant: Diamond Motors Limited; 1st Respondent: Central Tender Board; 2nd Respondent: Attorney General
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
19 November 2004
Procedural Posture
Miscellaneous Application (judicial Review) / Ruling on Preliminary Objection and Application for Leave
Outcome
Application dismissed with costs; leave rejected.
Legal Topics
Judicial Review, Public Procurement Appeals, Procedural Irregularity, Quasi Judicial Powers
Source Language
English
Administrative Law Public Procurement Judicial Review Public Procurement Appeals Procedural Irregularity Quasi Judicial Powers

Case Brief

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Parties

Diamond Motors Limited

Applicant

Central Tender Board

1st Respondent

Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Application (judicial Review) / Ruling on Preliminary Objection and Application for Leave

Legal Issues

  1. 1 Whether the application for leave to file for judicial review is premature due to non-exhaustion of statutory remedies under the Public Procurement Act, 2001
  2. 2 Whether the non-operational status of the Public Procurement Appeals Authority (PPAA) allows direct recourse to the court

Ratio Decidendi

Since the Public Procurement Appeals Authority, though constituted, was not operational at the material time, the applicant was entitled to approach the court directly for redress. The preliminary objection was dismissed, but ultimately, leave to file the substantive application was rejected and the application dismissed with costs.

Court Disposition

Application dismissed with costs; leave rejected.

Orders

  • Preliminary objection dismissed.
  • Leave to file application for judicial review rejected.