Tanzania Case Law

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

Court

TZHC

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 excerpt

• Leave for judicial review
• Certiorari
• Res judicata
• Locus standi
• Tender process
• Discretion of court

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MISC

Court

TANZLII

The 2nd Respondent acted ultra vires by dismissing the appeal for being filed out of time instead of rejecting it as required by Rule 17(1) of the Public Procurement Appeals Rules, 2014. Dismissal precludes the Applicant from refiling, whereas rejection would have allowed rectification. The decision was therefore irrational and contrary to procedural law, warranting its quashing and setting aside.

Source excerpt

• Certiorari
• Judicial review
• Procedural impropriety
• Jurisdiction
• Extension of time
• Tender process

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RULING

Court

TANZLII

The court held that it is functus officio on the issue of jurisdiction as the same matter was already determined by the Land Division of the High Court, and thus the objection is incompetent and must be struck out.

Source excerpt

• Jurisdiction
• Functus officio
• Tender process
• Land disputes

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ruckya sanatu basserporte vs treasury registrar and 2 others 2021 tzhc 7389 29 november 2021

Court

TZHC

The court found no concluded sale of the disputed Arusha property, but ordered refund of the deposit, compensation, general damages, and vacant possession.

• Ownership of land
• Specific performance
• General damages
• Counterclaim for rent
• Government policy frustration
• Tender process

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BACO AND AYUB TRADING CO

Court

TANZLII

There was no valid and binding contract between the plaintiff and the defendants as the award letter did not constitute acceptance, no contract was signed, and the plaintiff failed to comply with the required formalities. Therefore, there was no breach of contract and the plaintiff is not entitled to the reliefs claimed.

Source excerpt

• Formation of contract
• Tender process
• Breach of contract
• Sales of goods
• Public procurement procedures

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the acountant general vs public procurement appeals authority 2 others 2011 tzhccomd 2109 21 october 2011

Court

TZHCCOMD

The High Court quashed the PPAA’s decision in a procurement dispute, holding that the third respondent’s letters were requests for clarification, not complaints or disputes.

• Judicial review
• Ultra vires
• Procedural impropriety
• Tender process
• Locus standi
• Compensation

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quality motors ltd vs the chair man public procurement appeals authority 2 others 2006 tzhccomd 62 30 june 2006

Court

TZHCCOMD

Judicial review application over a rejected procurement bid failed because the applicant did not meet the manufacturer’s authorisation requirement.

• Certiorari
• Mandamus
• Tender process
• Compensation for bidders
• Judicial review
• Judicial-review

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bank of tanzania vs labour commissioner another 2001 tzhc 25 1 august 2001

Court

TZHC

The High Court of Tanzania declined to strike out leave for judicial review, holding that the tender dispute raised serious issues of fairness and procedural impropriety.

• Prerogative orders
• Certiorari
• Mandamus
• Tender process
• Procedural impropriety
• Judicial-review

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19991217 TZHC Dar es Salaam

Court

TZHC

The tender process was a public law function subject to judicial review. The applicant was denied natural justice by not being given an opportunity to be heard before the termination of the award process, especially in light of conflicting reasons given by the government. The re-floated tender was found to be biased against the applicant, violating legitimate expectation and fairness.

Source excerpt

• Judicial review
• Tender process
• Natural justice
• Legitimate expectation
• Bias

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19990809 TZHC Dar es Salaam

Court

TZHC

The lease agreement expired after its full term, and no new agreement or renewal was reached between the parties. The plaintiff was not in breach, and the defendant had no right to remain after expiration. The plaintiff is entitled to vacant possession and general damages.

Source excerpt

• Lease agreements
• Renewal of lease
• Vacant possession
• General damages
• Tender process

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