Wakilii

BuuLepu Foundation Limited v Lira City Council [2025] UGPPDPAAT 35

Tribunal · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review of procurement decision following administrative review dismissal
Decision
Application struck out as time-barred; procurement award to Bukello Investments Uganda Ltd stands

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal held that the application was time-barred and incompetent. Where an Accounting Officer fails to make a decision within the statutory ten-day period, the applicant must file with the Tribunal within ten days from the expiry of that period under section 115(2)(b) of the PPDA Act. The applicant cannot choose between alternative filing routes. The application filed on June 23, 2025 was seven days late and the Tribunal's jurisdiction was extinguished.

Outcome

Application struck out as time-barred; procurement award to Bukello Investments Uganda Ltd stands

Facts

Lira City Council initiated a procurement for revenue collection from off-loading of goods for financial year 2025/2026. Three bids were received on April 28, 2025. On May 20, 2025, Bukello Investments Uganda Ltd was declared the best evaluated bidder at UGX 21,100,400. Buu-Lepu Foundation Ltd filed an administrative review complaint on May 23, 2025, received by the Respondent on May 26, 2025. The Accounting Officer was required to decide by June 5, 2025 but only communicated a decision on June 10, 2025 via WhatsApp, dismissing the complaint. The Applicant received a physical copy on June 16, 2025. The Applicant filed this application with the Tribunal on June 23, 2025. The Best Evaluated Bidder raised a preliminary objection that the application was time-barred.

Issues

  1. Whether there is a competent application before the Tribunal
  2. Whether the application was filed within the statutory time limits prescribed by the Public Procurement and Disposal of Public Assets Act

Orders

  • The Application is struck out.
  • The Tribunal's June 23, 2025 suspension order is vacated.
  • Each party shall bear its own costs.

Rules and key headnotes

Administrative Law — Public Procurement — Statutory Time Limits — Computation of Time for Filing Appeals
Where an Accounting Officer fails to make and communicate an administrative review decision within the ten calendar days prescribed by section 106(7) of the Public Procurement and Disposal of Public Assets Act, the aggrieved bidder must file an application to the Tribunal within ten days from the date of expiry of that ten-day period under section 115(2)(b) of the Act. The bidder cannot wait for a late decision and then rely on section 115(2)(a) to extend the filing deadline.
Administrative Law — Public Procurement — Nullity of Late Administrative Review Decisions
An administrative review decision made by an Accounting Officer outside the statutory ten-day period prescribed by section 106(7) of the Public Procurement and Disposal of Public Assets Act is null, void, and of no legal effect. The date of receipt of such a decision by the applicant is immaterial to the computation of time for filing with the Tribunal.
Administrative Law — Public Procurement — Mandatory Statutory Time Limits — Jurisdiction of Tribunal
Timelines within the Public Procurement and Disposal of Public Assets Act are mandatory and couched in mandatory terms. The Tribunal has no power to enlarge or extend time. Once a party fails to move within the time set by law, the jurisdiction of the Tribunal is extinguished as far as the matter is concerned.
Statutory Interpretation — Computation of Time — Last Day Falling on Non-Working Day
Where the last day for filing an application falls on a Sunday or other day when the Tribunal's offices are closed, the next working day becomes the last date on which the application may be filed, in accordance with regulation 33(b) of the Public Procurement and Disposal of Public Assets (Tribunal) (Procedure) Regulations 2016 and section 34(1)(b) of the Interpretation Act.
Administrative Law — Public Procurement — Alternative Routes of Appeal — No Cherry-Picking
A bidder cannot cherry-pick the most beneficial avenue for filing an application to the Tribunal. The facts and law must support the legal route taken because each avenue prescribed in sections 115(1)(a), (b) and (c) of the Public Procurement and Disposal of Public Assets Act has a different timeframe prescribed in sections 115(2)(a), (b) and (c) of the Act.

Legislation cited (18)

Cases cited (11)

  • Gat Consults Ltd and Lee Construction Ltd (JV) v PPDA and Ministry of Water and Environment (Application No. 6 of 2021)
  • Public Procurement and Disposal of Public Assets Authority v Peace Gloria (Civil Appeal No. 6 of 2016)
  • Sadeem Al Kuwait General Trading & Construction Co & Dott Services Ltd JV v Uganda Cancer Institute and PPDA (Application No. 24 of 2018)
  • Fara Gostar Bistoon v Uganda Electricity Transmission Company Limited (Application No. 2 of 2023)
  • Kafophan and SIAAP Consortium v Ministry of Agriculture, Animal Industry and Fisheries & Youth Alive Uganda (Application No. 31 of 2022)
  • Jilk Construction Company Limited v Kira Municipal Council (Application No. 31 of 2024)
  • Raxio Data Centre SMC Ltd v Bank of Uganda (Application No. 21 of 2024)
  • Multiplex Limited v Masaka City (Application No. 15 of 2024)
  • Eclipse Edisoil JVC Ltd v Napak District Local Government (Civil Appeal No. 5 of 2024)
  • Uganda Revenue Authority v Uganda Consolidated Properties Ltd (Civil Appeal No. 31 of 2000)
  • D&D Law Publishing House Limited v Uganda Printing and Publishing Corporation (Application No. 4 of 2025)

Full judgment

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

BuuLepu Foundation Limited v Lira City Council 2025 UGPPDPAAT 35 (14 July 2025)
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.