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IBB International Limited v Civil Aviation Authority & 2 Ors (MISCELLANEOUS CAUSE NO. 100 OF 2015)

High Court · [2017] UGHCCD 159 · 2017 Judicial Review Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Judicial review application seeking mandamus and prohibition following suspension of a government contract
Decision
Judicial review granted; mandamus and prohibition issued compelling contract execution

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that after the Inspectorate of Government cleared the contract and recommended resolution, the respondents' continued refusal to execute the contract was procedurally improper, grossly unfair and constituted improper use of authority. Ministerial interference in the procurement process was illegal as ministers had no mandate to contract on behalf of the first respondent. Mandamus granted requiring the first respondent to avail the site for contract performance.

Outcome

Judicial review granted; mandamus and prohibition issued compelling contract execution

Facts

In May 2014, Civil Aviation Authority invited bids for construction of a search park, shelter and road at Entebbe International Airport. After open competitive bidding, IBB International Limited was selected as best bidder in September 2014 and awarded the contract in November 2014. The contract was executed on 20 March 2015. Subsequently, the Managing Director of CAA refused to hand over the site, citing an Inspectorate of Government investigation and ministerial directives on security concerns. On 7 April 2015, the contract was suspended. The IGG investigation concluded on 26 October 2015, clearing the contract of wrongdoing and recommending that ministerial interference was not provided for under procurement law. Despite clearance and the applicant's requests, the respondents continued to refuse contract execution, prompting this judicial review application filed on 10 July 2015.

Issues

  1. Whether the applicant had a clear legal right to an order of mandamus requiring handover of the contract site.
  2. Whether the suspension and non-execution of the contract by the respondents was illegal, irrational or procedurally improper.
  3. Whether ministerial directives could lawfully suspend a validly awarded government contract.
  4. Whether the application was properly brought as judicial review proceedings.
  5. Whether the application was filed within the prescribed time limits.

Orders

  • Application for judicial review allowed.
  • Order of mandamus issued requiring the first respondent and its current accounting officer/managing director to avail the suit site for the applicant to perform contract Ref CAA/WRKS/13-14/00045.
  • The respondents and/or their agents are prohibited from interfering in any way or otherwise frustrating the applicant's performance of the said contract.
  • Costs awarded to the applicant to be paid by the first respondent.
  • Claims for general and exemplary damages dismissed.

Rules and key headnotes

Judicial Review — Availability of Alternative Remedies — Not a Bar to Relief
The existence of an alternative remedy is not itself a bar to judicial review. While it is a relevant factor to consider in deciding whether to grant relief, courts determine whether to issue judicial review orders based on the matters raised in the application, the evidence adduced and the position of the law on the issues under consideration.
Administrative Law — Ministerial Powers — Limits on Interference in Statutory Procurement
Ministers have no mandate to contract on behalf of a statutory body or to interfere in the procurement process of that body where such interference is not provided for under the relevant procurement legislation or the body's governing laws and regulations. Ministerial directives suspending validly awarded contracts in such circumstances are illegal.
Administrative Law — Mandamus — Requirements for Grant
Before mandamus can be granted, the applicant must show a clear legal right to have the thing sought done, and done in the manner and by the person sought to be coerced. The duty must be actually due and incumbent, purely statutory in nature, plainly incumbent by operation of law or by virtue of office, and concerning which the body possesses no discretionary powers. There must be a demand and refusal.
Contract Law — Government Contracts — Effect of Due Diligence Conditions
Where a contracts committee prescribes due diligence checks to be carried out before a contract is entered into, those checks must be completed prior to contract execution. By the time the contract is signed, all due diligence requirements must have been satisfied unless a specific clause in the contract provides otherwise.
Administrative Law — Procedural Impropriety — Suspension Without Justification After Clearance
Where a contract has been cleared by an investigating authority and the suspension directed by that authority has lapsed upon conclusion of the investigation, continued refusal to execute the contract without justifiable reason constitutes procedural impropriety, gross unfairness and improper use of authority warranting judicial review relief.
Civil Procedure — Extension of Time — Judicial Review Applications — Interest of Justice
Where a judicial review application is filed two to three days outside the prescribed three-month period, the court may extend time in the interest of justice under section 98 of the Civil Procedure Act and Article 126 of the Constitution, as throwing out the application on a technicality would constitute unnecessary technical injustice.

Legislation cited (11)

Cases cited (4)

  • Kuluo Joseph Andrew & Ors v Attorney General & Ors (Miscellaneous Cause No. 106 of 2010)
  • Rosemary Nalwadda v Uganda Aids Commission (HCMA No. 0045 of 2010)
  • Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374
  • Semwo Construction Company v Rukungiri District Local Government (HC MC 30 of 2010)

Full judgment

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

IBB International Limited v Civil Aviation Authority & 2 Ors (MISCELLANEOUS CAUSE NO. 100 OF 2015) [2017] UGHCCD 159 (4 September 2017)
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.