emerging power t ltd vs the public procurement appeal authority and another 2021 tzhc 6715 28 october 2021

emerging power t ltd vs the public procurement appeal authority and another 2021 tzhc 6715 28 october 2021

The Applicant, though a participant in the tendering process, failed to demonstrate valid authority to act for the consortium as required by law and the Joint Bidding Agreement. The 1st Respondent properly applied the law in requiring proof of authority and in dismissing the appeal for lack of locus standi. The decision was not tainted by illegality or procedural impropriety, and the application for certiorari and mandamus lacks merit.

Citation
emerging power t ltd vs the public procurement appeal authority and another 2021 tzhc 6715 28 october 2021
Parties
Applicant: Emerging Market Power (T) Ltd.; 1st Respondent: Public Procurement Appeals Authority; 2nd Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 October 2021
Procedural Posture
Miscellaneous Civil Cause (judicial Review) / Final Judgment on Merits
Outcome
Application dismissed with costs.
Legal Topics
Judicial Review, Certiorari, Mandamus, Locus Standi, Public Procurement Procedures
Source Language
English
Administrative Law Public Procurement Judicial Review Certiorari Mandamus Locus Standi Public Procurement Procedures

Case Brief

Summary, issues, holding and outcome

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Parties

Emerging Market Power (T) Ltd.

Applicant

Public Procurement Appeals Authority

1st Respondent

Attorney General

2nd Respondent

Procedural Posture

Miscellaneous Civil Cause (judicial Review) / Final Judgment on Merits

Legal Issues

  1. 1 Whether the Applicant had locus standi to bring the application for judicial review
  2. 2 Whether the Public Procurement Appeals Authority erred in law in dismissing the Applicant's appeal for lack of authority and locus standi
  3. 3 Whether the decision of the 1st Respondent was tainted by illegality or procedural impropriety

Ratio Decidendi

The Applicant, though a participant in the tendering process, failed to demonstrate valid authority to act for the consortium as required by law and the Joint Bidding Agreement. The 1st Respondent properly applied the law in requiring proof of authority and in dismissing the appeal for lack of locus standi. The decision was not tainted by illegality or procedural impropriety, and the application for certiorari and mandamus lacks merit.

Court Disposition

Application dismissed with costs.

Orders

  • The decision of the 1st Respondent (Public Procurement Appeals Authority) is confirmed.
  • The application for orders of certiorari and mandamus is dismissed with costs.