Wakilii

Galleria in Africa Ltd v Uganda Electricity Distribution Co Ltd & Anor (HCT-00-CC-MC 20 of 2007)

High Court · [2007] UGCOMMC 89 · 2007 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex parte application for leave to apply for judicial review of a procurement decision
Decision
Application dismissed without prejudice to filing an ordinary civil suit for breach of contract

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Court declined to grant leave for judicial review. Held that judicial review was misconceived where the second respondent had made no directive for cancellation and the complaint was in substance a contractual dispute. The proper remedy was an ordinary suit for breach of contract rather than prerogative writs. Application dismissed without prejudice to filing a civil suit.

Outcome

Application dismissed without prejudice to filing an ordinary civil suit for breach of contract

Facts

Galleria in Africa Ltd was awarded a contract to supply creosote oil to Uganda Electricity Distribution Company Limited following a tender process. The successful bid was for $734,902 CIF Kampala, and a letter of acceptance was issued on 6 June 2007. Galleria accepted on 11 June 2007. An unsuccessful bidder, Rousant International UK Ltd, lodged an administrative review application with PPDA on 12 July 2007, challenging evaluation irregularities. The PPDA upheld the complaint and found violations of the PPDA Act, but made no directive to cancel the award. Nevertheless, UEDCL cancelled the tender awarded to Galleria. Galleria then sought leave to apply for judicial review seeking certiorari, mandamus, and prohibition.

Issues

  1. Whether leave should be granted for an application for judicial review where the intended second respondent made no recommendation for cancellation of the tender.
  2. Whether judicial review is the appropriate remedy for an alleged breach of contract following tender award.

Orders

  • Application for leave to apply for judicial review dismissed.
  • Applicant to bear its own costs.
  • Dismissal without prejudice to applicant's right to file an ordinary suit.

Rules and key headnotes

Judicial Review — Leave to Apply — Discretionary Nature
Review on writ of certiorari, prohibition or mandamus is not a matter of right but a judicial discretion which will be granted only for compelling reasons. The court must be satisfied that a prima facie case exists but need not consider whether the applicant would ultimately succeed on the merits.
Judicial Review — Appropriate Parties — Wrong Party
Where the public body subject to judicial review made no directive or recommendation for the impugned administrative action, an application for judicial review against that body is misconceived as it constitutes a complaint against the wrong party.
Judicial Review — Alternative Remedies — Contract Claims
Judicial review is not available where the dispute concerns an alleged breach of contract following tender award. The proper remedy for breach of contract is an action for damages or specific performance, not prerogative writs of certiorari, prohibition or mandamus.
Contract Law — Breach of Contract — Remedies
Where correspondence between parties following tender award constitutes a contract, further breach can be restrained through an application under Order 41 Rule 2 of the Civil Procedure Rules rather than through judicial review.

Legislation cited (4)

Cases cited (1)

  • Kikonda Butema Farms Ltd v Inspector General of Government (Civil Appeal No. 35 of 2002)

Full judgment

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

Galleria in Africa Ltd v Uganda Electricity Distribution Co Ltd & Anor (HCT-00-CC-MC 20 of 2007) [2007] UGCommC 89 (4 November 2007)
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.