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Auto Terminal Japan Limited Pal Auto Garage Limited Africa Automotive Analysis Limited JV v Uganda National Bureau of Standards and Another (Miscellaneous Application 4 of 2024)

Tribunal · [2024] UGPPDPAAT 12 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application for leave to deliver interrogatories in writing arising from a procurement challenge
Decision
Application dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal denied the application for leave to deliver interrogatories. The Tribunal held that interrogatories were not necessary for disposing of the main application fairly, as the Tribunal itself could ask relevant questions during the hearing. Allowing interrogatories would necessitate an adjournment that would breach the strict statutory timeline of 15 working days for rendering a decision.

Outcome

Application dismissed

Facts

The Applicant was one of three best evaluated bidders in an emergency procurement by Uganda National Bureau of Standards for pre-export verification of conformity to standards for used motor vehicles. Quality Inspection Services Inc. Japan, one of the other successful bidders, filed Application No. 9 of 2024 challenging the tender award. The Applicant, as the third respondent in that main application, sought leave to deliver interrogatories in writing to the first and second respondents. The main application was filed on 15 February 2024, and the Tribunal was required by statute to render a decision by 15 March 2024.

Issues

  1. Whether the Applicant should be granted leave to deliver interrogatories in writing to the Respondents.

Orders

  • Application to deliver interrogatories to the Respondents denied.
  • Each party to bear its own costs.

Rules and key headnotes

Civil Procedure — Interrogatories — Test for Granting Leave
In deciding whether an order for interrogatories should be made, the court is guided by whether the interrogatories are necessary for disposing of the suit fairly or for saving costs.
Administrative Law — Public Procurement Tribunal — Overriding Objective and Procedure
The overriding objective of the Public Procurement and Disposal of Public Assets (Tribunal) (Procedure) Regulations is to enable the Tribunal to deal with applications expeditiously, fairly and justly. The Tribunal avoids unnecessary formality, seeks flexibility, does not strictly observe the rules of evidence, and may put questions to parties and witnesses to elicit relevant evidence.
Administrative Law — Public Procurement Tribunal — Interrogatories Not Necessary Where Tribunal Can Ask Questions
Where the Tribunal has the power to ask questions to parties and witnesses during the hearing, interrogatories are not necessary for disposing of the application fairly.

Legislation cited (1)

  • Public Procurement and Disposal of Public Assets (Tribunal) (Procedure) Regulations

Cases cited (2)

  • Omar v Gordhanbhai and Another (1974) EA 518
  • Sebastian R. D'Souza and Others v Charles Clemente Ferrao (1959) EA 1000

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Auto Terminal Japan Limited Pal Auto Garage Limited Africa Automotive Analysis Limited JV v Uganda National Bureau of Standards and Another (Miscellaneous Application 4 of 2024) 2024 UGPPDPAAT 12 (1 March 2024)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.