Wakilii

Fueless Technologies Limited v Mbarara City Council (Application 23 of 2024)

Tribunal · [2024] UGPPDPAAT 23 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review of procurement decision following unsuccessful administrative review before Accounting Officer
Decision
Application struck out as time-barred; suspension order vacated

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal struck out the application as time-barred. The Accounting Officer had until 13 April 2024 to decide the administrative review complaint lodged on 3 April 2024. The applicant had ten days from 14 April 2024 to file before the Tribunal, meaning the deadline was 23 April 2024. The application filed on 2 May 2024 was out of time. The Tribunal has no statutory power to extend time limits, and strict compliance with statutory timelines is mandatory in procurement proceedings.

Outcome

Application struck out as time-barred; suspension order vacated

Facts

On 19 February 2024, Mbarara City Council advertised a tender for installation of a street parking smart solution. Eight bidders submitted bids. On 20 March 2024, the Respondent issued a Notice of Best Evaluated Bidder naming Yoya Technologies Limited as the successful bidder. The Applicant's bid was eliminated at the preliminary stage for two reasons: the Power of Attorney was not drawn by an advocate, and the bidder failed to declare its nationality in the bid submission sheet. The Applicant lodged an administrative review complaint with the Accounting Officer on 3 April 2024. The Accounting Officer did not make or communicate a decision within the statutory ten-day period. The Applicant filed the present application to the Tribunal on 2 May 2024.

Issues

  1. Whether the instant Application is time barred?
  2. Whether the instant Application is barred by Res Judicata?
  3. Whether the Respondent erred in law and fact when it eliminated the Applicant's bid at the preliminary examination stage?
  4. Whether Yoya Technologies Limited has a conflict of Interest?
  5. What remedies are available to the parties?

Orders

  • The Application is struck out.
  • The Tribunal's suspension order dated May 02, 2024, is vacated.
  • Each party shall bear its own costs.

Rules and key headnotes

Administrative Law — Public Procurement — Statutory Time Limits — Jurisdiction of Tribunal
Where an Accounting Officer fails to make or communicate a decision on an administrative review complaint within ten days as required by section 89(7) of the Public Procurement and Disposal of Public Assets Act 2003, a bidder has ten days from the expiry of that period to lodge an application before the Tribunal under sections 89(8) and 91(2)(b) of the Act, and strict compliance with this timeline is mandatory.
Statutory Interpretation — Time Limits — Court's Power to Extend Time
A tribunal has no residual or inherent jurisdiction to enlarge a period of time laid down by statute unless there is an enabling statutory provision conferring such power; time limits set by statute are matters of substantive law and not mere technicalities and must be strictly complied with.
Administrative Law — Public Procurement — Strict Adherence to Timelines
Section 71A of the Public Procurement and Disposal of Public Assets Act 2003 requires that a procurement process and each stage thereof be completed within prescribed periods, necessitating strict adherence to statutory timelines in the procurement process including administrative review.

Legislation cited (6)

Cases cited (6)

  • Vision Scientific & Engineering Limited v Makerere University (Application No. 27 of 2022)
  • APA Insurance Ltd v Uganda National Roads Authority (Application No. 02 of 2022)
  • Makula International Ltd v Cardinal Nsubuga & Another (Civil Appeal No. 4 of 1981)
  • Sitenda Sebalu v Sam K Njuba & Another (Election Petition Appeal No. 5 of 2007)
  • JV AGT SPA & Zhucheng Dingcheng Machinery Co Ltd v Private Sector Foundation Uganda (Application No. 29 of 2022)
  • Application No. 18 of 2024

Full judgment

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

Fueless Technologies Limited v Mbarara City Council (Application 23 of 2024) 2024 UGPPDPAAT 23 (24 May 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.