ms simba logistic equipment supply ltd vs the public procurement appeals authority others 2023 tzhc 23161 13 november 2023

ms simba logistic equipment supply ltd vs the public procurement appeals authority others 2023 tzhc 23161 13 november 2023

The applicant's appeal to the 1st respondent was filed outside the statutory period prescribed by Section 97 of the Public Procurement Act, and the applicant failed to establish the cumulative conditions required for a writ of mandamus. The application lacked merit and was dismissed with costs.

Citation
ms simba logistic equipment supply ltd vs the public procurement appeals authority others 2023 tzhc 23161 13 november 2023
Parties
Applicant: M/S Simba Logistic Equipment Supply Ltd; 1st Respondent: The Public Procurement Appeals Authority; 2nd Respondent: Tanzania-Zambia Railway Authority; 3rd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 November 2023
Procedural Posture
Miscellaneous Civil Cause / Ruling
Outcome
Application dismissed with costs
Legal Topics
Judicial Review, Certiorari, Mandamus, Time Barred Appeals, Procurement Regulations
Source Language
English
Administrative Law Public Procurement Judicial Review Certiorari Mandamus Time Barred Appeals Procurement Regulations

Case Brief

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Parties

M/S Simba Logistic Equipment Supply Ltd

Applicant

The Public Procurement Appeals Authority

1st Respondent

Tanzania-Zambia Railway Authority

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling

Legal Issues

  1. 1 Whether the applicant's appeal to the 1st respondent was filed within the prescribed time under the Public Procurement Act
  2. 2 Whether the applicant is entitled to orders of certiorari and mandamus against the respondents

Ratio Decidendi

The applicant's appeal to the 1st respondent was filed outside the statutory period prescribed by Section 97 of the Public Procurement Act, and the applicant failed to establish the cumulative conditions required for a writ of mandamus. The application lacked merit and was dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Costs awarded to respondents