[2022] UGPPDPAAT 9
The Tribunal found that the applicant had filed a valid notice of withdrawal and that both the respondent and the best evaluated bidder had no objection to the withdrawal. In accordance with Regulation 16(3) of the Public Procurement and Disposal of Public Assets (Tribunal) (Procedure) Regulations No. 16 of 2016,...
Source-derived case information.
- Citation
- [2022] UGPPDPAAT 9
- Parties
- Applicant: Kibakuteireho Godfrey; Respondent: Hoima District Local Government
- Court
- Public Procurement and Disposal of Public Assets Appeals Tribunal
- Jurisdiction
- Uganda
- Case Number
- Application No. 9 of 2022
- Procedural Posture
- Administrative Review / Withdrawal of Application
- Outcome
- application withdrawn with consent of all parties
- Judges
- Nerima, Panel Member, Gimara SC, Chairperson, Isanga, Ag. Chairperson, Kakira, Kyarisiima, Kalumba, Asiimwe
- Legal Topics
- Public Procurement, Administrative Review, Withdrawal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kibakuteireho Godfrey
Applicant
Hoima District Local Government
Respondent
Procedural Posture
Administrative Review / Withdrawal of Application
Legal Issues
- 1 Whether the applicant's notice of withdrawal of the application should be approved by the Tribunal.
- 2 Whether any party is entitled to costs following withdrawal of the application.
Ratio Decidendi
The Tribunal found that the applicant had filed a valid notice of withdrawal and that both the respondent and the best evaluated bidder had no objection to the withdrawal. In accordance with Regulation 16(3) of the Public Procurement and Disposal of Public Assets (Tribunal) (Procedure) Regulations No. 16 of 2016, the Tribunal approved the withdrawal of the application. Each party was ordered to bear its own costs, as there was mutual consent to the withdrawal and no grounds for awarding costs to any party.
Court Disposition
application withdrawn with consent of all parties
Orders
- The notice of withdrawal is approved.
- Each party shall bear its own costs.
Full Case Text
Judgment text and source record
25 paragraphs
## THE REPUBLIC OF UGANDA IN THE PUBLIC PROCUREMENT AND DISPOSAL OF PUBLIC ASSETS APPEALS TRIBUNAL AT KAMPALA
## **APPLICATION NO. 9 OF 2022**
### **BETWEEN**
# KIBAKUTEIREHO GODFREY::::::::::::::::::::::::::::::::::::
#### AND
# HOIMA DISTRICT LOCAL GOVERNMENT::::::::::::::::::::::::RESPONDENT
APPLICATION FOR ADMINISTRATIVE REVIEW IN RESPECT OF THE TENDER FOR BUSERUKA MAIN MARKET; PROCUREMENT REFERENCE NUMBER HOIM509/SVCS/2021-22/00020.
**BEFORE: FRANCIS GIMARA** S. C. **CHAIRPERSON; NELSON** NERIMA; THOMAS BROOKES ISANGA; GEOFFREY NUWAGIRA KAKIRA; PAUL KALUMBA; CHARITY KYARISIIMA; AND PATRICIA K. ASIIMWE, MEMBERS.
## RULING OF THE TRIBUNAL
Hoima District Local Government undertook a procurement process under Procurement Ref No: HOIM509/SVCS/2021-22/00020 for procurement for enforcement of collection of revenue from Buseruka Main Market using Open Domestic Procurement Method. The Applicant Kibakuteireho Godfrey and Bigirwa Wilson Atwooki submitted bids in the said procurement. The evaluation process was completed where Bigirwa Wilson Atwooki was named as the Best Evaluated Bidder.
The Applicant being aggrieved by the procurement process applied for an administrative review with the Accounting Officer of the Entity on February 24, 2022. The Application was dismissed by the Accounting Officer on March 3, 2022. The Applicant being aggrieved by the decision of the Accounting Officer, filed the instant application with the Tribunal on March 11, 2022, seeking to review the decision of the Accounting Officer.
On March 11, 2022, the Applicant being aggrieved by the decision of the Accounting Officer, filed this instant application for administrative review at the Tribunal, seeking to review the decision of the Accounting Officer.
However, on 28<sup>th</sup> March 2022, the Applicant filed a notice of withdrawal of the matter. The Tribunal held a hearing on 28<sup>th</sup> March 2022, which was attended by the applicant, the Respondent represented by Elias Byamungu (the Chief Administrative Officer/Accounting Officer), and Bigirwa Wilson Atwooki (the Best Evaluated Bidder). The Applicant confirmed that he had filed the Notice of Withdrawal, dated 28<sup>th</sup> March 2022, of the matter and stood by his application to withdraw the matter. The representative of the Respondent, Mr. Elias Byamungu said he had no objection to the withdrawal of the matter. The Best Evaluated Bidder also stated that he had no objection to the withdrawal of the matter.
Since all parties have agreed to the withdrawal of the matter, the notice of withdrawal is accordingly approved in accordance with Regulation 16 (3) of the Public Procurement and Disposal of Public Assets (Tribunal) (Procedure) Regulations No. 16 of 2016 with each party to bear its own costs.
### Dated at Kampala this 28<sup>th</sup> day of March 2022.
**FRANCIS GIMARA S. C CHAIRPERSON**
**THOMAS BROOKES ISANGA MEMBER**
PAUL KALUMBA **MEMBER**
**NELSON NERIMA**
**MEMBER**
**GEOFFREY NUWAGIRA KAKIRA MEMBER**
**CHARITY KYARISIIMA MEMBER**
PATRICIA K. ASIIMWE **MEMBER**
Ruling of the Tribunal in Application No. 9 of 2022
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