[2025] UGPPDPAAT 1

[2025] UGPPDPAAT 1

The Tribunal found that it lacked jurisdiction to entertain the application because the subject matter was already pending before the High Court, a superior court, and the reliefs sought were substantially the same. The Tribunal held that once it rendered its decision in Application No. 27 of 2024, it became functus...

Source-derived case information.

Citation
[2025] UGPPDPAAT 1
Parties
Applicant: CRJE (East Africa) Ltd; Respondent: National Council for Higher Education
Court
Public Procurement and Disposal of Public Assets Appeals Tribunal
Jurisdiction
Uganda
Case Number
Application 48 of 2024
Procedural Posture
Administrative Review / Application Struck Out for Lack of Jurisdiction
Outcome
application struck out for lack of jurisdiction
Judges
Gimara SC, Chairperson, Nerima, Panel Member, Nuwagira, Kalumba, Kyarisiima, Kayemba, cyrus Titus Aomu, penal member
Legal Topics
Public Procurement Review, Tribunal Jurisdiction, Abuse of Process, Functus Officio, Parallel Proceedings
Source Language
en
Administrative Law Civil Procedure Public Procurement Review Tribunal Jurisdiction Abuse of Process Functus Officio Parallel Proceedings

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Summary, issues, holding and outcome

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Parties

CRJE (East Africa) Ltd

Applicant

National Council for Higher Education

Respondent

Procedural Posture

Administrative Review / Application Struck Out for Lack of Jurisdiction

  1. 1 Whether the Tribunal has jurisdiction to determine the instant Application.
  2. 2 Whether the Respondent is in contempt of the decision of the PPDA Appeals Tribunal dated June 20, 2024, vide Application No. 27 of 2024.
  3. 3 Whether the Respondent erred in law when it declined to execute a contract with the Applicant under Procurement Reference Number: NCHE/WRKS/23-24/001.

Ratio Decidendi

The Tribunal found that it lacked jurisdiction to entertain the application because the subject matter was already pending before the High Court, a superior court, and the reliefs sought were substantially the same. The Tribunal held that once it rendered its decision in Application No. 27 of 2024, it became functus officio and could not revisit the matter except for clerical corrections. The Applicant's pursuit of parallel proceedings in both the Tribunal and the High Court constituted an abuse of process, barred by Section 6 of the Civil Procedure Act. The Tribunal emphasized that jurisdiction is a threshold issue and, without it, no further steps could be taken. Consequently, the...

Court Disposition

application struck out for lack of jurisdiction

Orders

  • The Application is struck out.
  • The Tribunal's December 17, 2024 suspension order is vacated.