ms sispa sa vs the public procurement appeals authority 4 others 2024 tzhc 471 23 february 2024

ms sispa sa vs the public procurement appeals authority 4 others 2024 tzhc 471 23 february 2024

The application is not barred by res judicata as the prior case involved different parties and issues, and was not conclusive of the present matter. The applicant has locus standi, filed within time, and established an arguable case. Certiorari is a sufficient remedy at this stage. Leave is therefore granted.

Source-derived case information.

Citation
ms sispa sa vs the public procurement appeals authority 4 others 2024 tzhc 471 23 february 2024
Parties
Applicant: M/S SICPA SA; 1st Respondent: Public Procurement Appeals Authority; 2nd Respondent: M/S Authentix; 3rd Respondent: Tanzania Bureau of Standards; 4th Respondent: Hon. Attorney General; 5th Respondent: M/S Global Fluids International (T) Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 February 2024
Procedural Posture
Application for Leave to Apply for Judicial Review (certiorari) / Ruling on Application for Leave
Outcome
Leave granted to applicant to file application for judicial review (certiorari).
Legal Topics
Leave for Judicial Review, Certiorari, Res Judicata, Locus Standi, Tender Process, Discretion of Court
Source Language
english
Administrative Law Public Procurement Judicial Review Leave for Judicial Review Certiorari Res Judicata Locus Standi Tender Process +1 more

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Parties

M/S SICPA SA

Applicant

Public Procurement Appeals Authority

1st Respondent

M/S Authentix

2nd Respondent

Tanzania Bureau of Standards

3rd Respondent

Hon. Attorney General

4th Respondent

M/S Global Fluids International (T) Ltd

5th Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review (certiorari) / Ruling on Application for Leave

Legal Issues

  1. 1 Whether the application is res judicata due to prior proceedings
  2. 2 Whether the applicant has locus standi
  3. 3 Whether the application was filed within prescribed time

Ratio Decidendi

The application is not barred by res judicata as the prior case involved different parties and issues, and was not conclusive of the present matter. The applicant has locus standi, filed within time, and established an arguable case. Certiorari is a sufficient remedy at this stage. Leave is therefore granted.

Court Disposition

Leave granted to applicant to file application for judicial review (certiorari).

Orders

  • Leave to apply for judicial review (certiorari) is granted.
  • Grant of leave operates as a stay of the 1st respondent's decision in Procurement Appeal No. 03 of 2023-24 until further order.