[2018] UGHCCD 117

[2018] UGHCCD 117

The respondent Town Clerk's decision to subject contract commencement to signing a formal agreement and to reserve unilateral takeover powers was ultra vires and contrary to the procurement regulations and the General Conditions of Contract. The law and GCC stipulate that a letter of bid acceptance constitutes a...

Source-derived case information.

Citation
[2018] UGHCCD 117
Parties
Applicant: Globe World Engineering (U) Ltd; Respondent: Jinja Municipal Council
Court
HC: Civil Division (Uganda)
Jurisdiction
Uganda
Judgment Date
19 September 2018
Case Number
MISCELLANEOUS APPLICATION N0. 207 OF 2017
Procedural Posture
Miscellaneous Application / Ruling
Outcome
application granted
Judges
Elubu, J
Legal Topics
Judicial Review, Public Procurement, Contract Award, Ultra Vires Decision, Mandamus, Certiorari
Source Language
english
Administrative Law Civil Procedure Commercial and Corporate Judicial Review Public Procurement Contract Award Ultra Vires Decision Mandamus +1 more

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Parties

Globe World Engineering (U) Ltd

Applicant

Jinja Municipal Council

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the impugned decision of the respondent Town Clerk dated 9th February 2018 was ultra vires and illegal.
  2. 2 Whether the applicant is entitled to prerogative orders of certiorari, mandamus, and prohibition.
  3. 3 Whether the applicant is entitled to general damages for delay and frustration of contract commencement.

Ratio Decidendi

The respondent Town Clerk's decision to subject contract commencement to signing a formal agreement and to reserve unilateral takeover powers was ultra vires and contrary to the procurement regulations and the General Conditions of Contract. The law and GCC stipulate that a letter of bid acceptance constitutes a binding contract, and the respondent's actions amounted to illegality as defined in Yustus Tinkasimire & Ors. The applicant's bid was valid at all material times, and the respondent's delay and imposition of unlawful conditions frustrated the contract commencement. The court finds the respondent acted without jurisdiction, warranting judicial review and the issuance of prerogative...

Court Disposition

application granted

Orders

  • A writ of certiorari issues quashing the respondent's decision dated 9th February 2018.
  • A writ of mandamus issues ordering the respondent to implement the PPDA tribunal decision dated 30th January 2018.