Wakilii

Khabusi Building Contractors & Furniture Centre Ltd v Public Procurement & Disposal of Public Assets Authority (Misc. Application No. 359 of 2013)

High Court · [2014] UGHCCD 49 · 2014 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for extension of time to file judicial review application against administrative suspension
Decision
Extension of time granted to file judicial review application within two weeks

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The court granted extension of time to file a judicial review application against a three-year suspension from public procurement. Applicants were given two weeks from the ruling date to file their substantive application. Each party to bear own costs.

Outcome

Extension of time granted to file judicial review application within two weeks

Facts

The first applicant, a building contractor, was among five companies that bid for construction of Kabwangasi Secondary School advertised by the Ministry of Education. In May 2012, the respondent Authority suspended the applicants from public procurement for three years on allegations of submitting forged bid securities from DFCU Bank. The applicants contended that the suspension was imposed while police investigations were ongoing and that subsequent police findings revealed no forgery. The respondent maintained that the applicants were given a hearing before suspension and that one Koloto attended on behalf of the first applicant. The applicants denied that Koloto was a director and denied attending any hearing. The suspension led to loss of business opportunities in public procurement.

Issues

  1. Whether the applicants have demonstrated good reason to warrant extension of time within which to file an application for judicial review.

Orders

  • Application for extension of time allowed.
  • Applicant to file application for judicial review within two weeks from 31st March 2014.
  • No order as to costs.
  • Each party to meet its own costs.

Rules and key headnotes

Judicial Review — Extension of Time — Good Reason Test
Under rule 5(1) of the Judicature (Judicial Review) Rules 2009, the court's discretion to extend time for filing a judicial review application must be based on good reason raised by the applicant, and good reason depends on the circumstances of the given case.
Civil Procedure — Extension of Time Applications — Scope of Inquiry
Where parties advance divergent positions requiring thorough investigation that cannot be adequately addressed in an application for extension of time, the existence of such disputed factual issues constitutes good reason to allow the application and permit full scrutiny in the substantive proceedings.

Legislation cited (3)

Full judgment

↓ Download PDF

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

Khabusi Building Contractors & Furniture Centre Ltd v Public Procurement & Disposal of Public Assets Authority (Misc. Application No. 359 of 2013) [2014] UGHCCD 49 (31 March 2014)
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.