e l ltd vs bank of tanzania another 2022 tzhc 167 14 february 2022

e l ltd vs bank of tanzania another 2022 tzhc 167 14 february 2022

The applicant failed to demonstrate a serious question or triable issue likely to be decided in her favour; no prima facie case established for leave to apply for prerogative orders.

Citation
e l ltd vs bank of tanzania another 2022 tzhc 167 14 february 2022
Parties
Applicant: El Limited; 1st Respondent: Bank of Tanzania; 2nd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 February 2022
Procedural Posture
Judicial Review Leave Application / Ruling on Leave to Apply for Prerogative Orders
Outcome
Application dismissed with costs
Legal Topics
Judicial Review, Prerogative Orders, Tender Disqualification, Procurement Principles
Source Language
English
Administrative Law Public Procurement Law Judicial Review Prerogative Orders Tender Disqualification Procurement Principles

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Parties

El Limited

Applicant

Bank of Tanzania

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Judicial Review Leave Application / Ruling on Leave to Apply for Prerogative Orders

Legal Issues

  1. 1 Whether the applicant has established a prima facie case for leave to apply for certiorari and prohibition
  2. 2 Whether the disqualification from tender was unreasonable, unjustified, or biased

Ratio Decidendi

The applicant failed to demonstrate a serious question or triable issue likely to be decided in her favour; no prima facie case established for leave to apply for prerogative orders.

Court Disposition

Application dismissed with costs

Orders

  • Application for leave to apply for prerogative orders of certiorari and prohibition dismissed
  • Applicant to pay costs