[2024] UGPPDPAAT 11
The Tribunal found that the Applicant, as one of the Best Evaluated Bidders in the procurement process challenged by the Respondent, has a direct and substantial interest in the outcome of Application No. 09 of 2024. The absence of opposition from the Respondent further supports the appropriateness of the joinder....
Source-derived case information.
- Citation
- [2024] UGPPDPAAT 11
- Parties
- Applicant: Auto Terminal Japan Limited, Pal Auto Garage Ltd, Africa Automotive Analysis Ltd JV; Respondent: Quality Inspection Services Inc. Japan
- Court
- Public Procurement and Disposal of Public Assets Appeals Tribunal
- Jurisdiction
- Uganda
- Case Number
- Miscellaneous Application 3 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Joinder
- Outcome
- application for joinder granted
- Judges
- Nerima, Panel Member, Isanga, Nuwagira, Kalumba, Kyarisiima, Kayemba
- Legal Topics
- Joinder of Parties, Public Procurement Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Auto Terminal Japan Limited, Pal Auto Garage Ltd, Africa Automotive Analysis Ltd JV
Applicant
Quality Inspection Services Inc. Japan
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Joinder
Legal Issues
- 1 Whether the Applicant should be joined as a respondent to Application No. 09 of 2024.
- 2 Whether the Applicant's response and submissions should be adopted as those of a respondent.
Ratio Decidendi
The Tribunal found that the Applicant, as one of the Best Evaluated Bidders in the procurement process challenged by the Respondent, has a direct and substantial interest in the outcome of Application No. 09 of 2024. The absence of opposition from the Respondent further supports the appropriateness of the joinder. The Tribunal therefore ordered that the Applicant be joined as the third respondent to Application No. 09 of 2024, and that its previously filed response and submissions be adopted as its response and submissions in its new capacity as respondent. This ensures that all parties with a legitimate interest in the procurement dispute are properly represented and heard, in accordance...
Court Disposition
application for joinder granted
Orders
- Auto Terminal Japan Limited, Pal Auto Garage Ltd, Africa Automotive Analysis Ltd JV is joined as the third respondent to Application No. 09 of 2024.
- The Applicant's response filed on 22nd February 2024 and submissions shall be taken as its response and submissions as a respondent.
Full Case Text
Judgment text and source record
26 paragraphs
## THE REPUBLIC OF UGANDA
# PUBLIC PROCUREMENT AND DISPOSAL OF PUBLIC ASSETS APPEALS **TRIBUNAL**
# **MISCELLANEOUS APPLICATION NO. 3 OF 2024 (ARISING FROM** APPLICATION NO. 9 OF 2024- QUALITY INSPECTION SERVICES INC **JAPAN VS. UGANDA NATIONAL BUREAU OF STANDARDS)**
#### **BETWEEN**
AUTO TERMINAL JAPAN LIMITED, PAL AUTO GARAGE LTD, AFRICA AUTOMOTIVE ANALYSIS LTD JV::::::::::::::::::::::::: APPLICANT
### AND
## QUALITY INSPECTION SERVICES INC. JAPAN:::::::::::::::::RESPONDENT
BEFORE: NELSON NERIMA; THOMAS BROOKES ISANGA; GEOFFREY NUWAGIRA KAKIRA; PAUL KALUMBA; CHARITY KYARISIIMA; AND KETO KAYEMBA, MEMBERS
### **Representation:**
Mr. Mark Kizza for the Applicant Mrs Olivia Kyarimpa Matovu, Mr. Martin Kakuru and Mr. Saad Seninde for the Respondent
#### **RULING**
The Applicant is one of the three Best Evaluated Bidders (namely; Consortium of EAA Company Ltd and East Africa Auto Technical Testing: Auto Terminal Japan Limited, Pal Auto Garage Ltd, Africa Automotive Analysis Ltd JV; and Quality Inspection Services Inc Japan) in the emergency procurement for the provision of pre-export verification of conformity to standards-service providers for used motor vehicles under procurement no. UNBS/NCONS/2023-2024/00052 by Uganda National Bureau of Standards (UNBS).
The Applicant has applied to be joined as a Respondent to Tribunal Application No. 09 of 2024 wherein Quality Inspection Services Inc. Japan challenges the said tender award
The application is not opposed by *Quality Inspection Services Inc. Japan.*
Auto Terminal Japan Limited, Pal Auto Garage Ltd, Africa **Automotive Analysis Ltd JV** is hereby joined as the $3<sup>rd</sup>$ Respondent to Registry Application No. 09 of 2024.
Their Response filed on 22<sup>nd</sup> February 2024 and submissions shall be taken to be their response and submissions as a Respondent.
Dated at Kampala this 1<sup>st</sup> day of March, 2024.
mó
**NELSON NERIMA MEMBER**
**GEOFFREY NUWAGIRA KAKIRA MEMBER**
**THOMAS BROOKES ISANGA MEMBER**
PAUL KALUMBA **MEMBER**
**CHARITY KYARISIIMA MEMBER**
**KETO KAYEMBA MEMBER**
Ruling of the PPDA Appeals Tribunal in Miscellaneous Application No. 3 of 2024
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