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Motor Centre EastAfrica Ltd v Public Procurement & Disposal Of Assets Authority (Misc.Cause No. 90 of 2010)

High Court · [2010] UGHC 47 · 2010 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review seeking orders of certiorari, prohibition and injunction against a one-year suspension imposed by the respondent
Decision
Application for judicial review dismissed with costs to the respondent

Observed later treatment

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Holding

The High Court dismissed an application for judicial review challenging a one-year suspension imposed by the Public Procurement and Disposal of Assets Authority. The court held that while the Authority delivered its decision outside the prescribed 21-day period, this breach was directory rather than mandatory and did not vitiate the decision. The Authority substantially complied with procedural requirements by notifying the applicant, conducting investigations, and affording a hearing. The applicant failed to rebut the finding that it submitted a forged Manufacturer's Authorization letter. The court ruled that judicial review will not assist a party whose cause of action is founded on illegality.

Outcome

Application for judicial review dismissed with costs to the respondent

Facts

The applicant, Motorcentre East Africa Ltd, was the best evaluated bidder for supply of vehicles to the Office of the President. A competing bidder, Kampala Nissan Ltd, applied for administrative review alleging that the Manufacturer's Authorization letter submitted by the applicant was forged. The Contracts Committee discontinued the procurement process on 15 December 2009. On 23 February 2010, the Office of the President recommended suspension of the applicant to the Public Procurement and Disposal of Assets Authority on grounds that the Manufacturer's Authorization was forged. The Authority notified the applicant, conducted investigations including a meeting on 9 April 2010 attended by the applicant's lawyer, and invited written submissions. On 22 April 2010, the Authority suspended the applicant for one year. The applicant sought judicial review seeking orders of certiorari, prohibition and injunction to quash the suspension.

Issues

  1. Whether the respondent acted ultra vires when it failed to adhere to the mandatory provisions of the law in arriving at its decision to suspend the applicant.
  2. Whether the respondent breached the cardinal principles of natural justice in arriving at its decision to suspend the applicant and its directors for a period of one year.
  3. Whether the applicant is entitled to the remedies sought.

Orders

  • Application for judicial review dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Judicial Review — Scope — Review of Decision-Making Process Not Decision Itself
Judicial review is concerned not with the decision per se but with the decision-making process. The jurisdiction is exercised in a supervisory manner to ensure that public powers are exercised in accordance with the basic standards of legality, fairness and rationality, not to substitute the court's opinion for that of the authority constituted by law to decide the matters in question.
Statutory Interpretation — Mandatory versus Directory Provisions — Time Limits
Where a statute or regulation uses the word 'shall' to prescribe a time limit for a decision but does not state the legal consequences of failure to comply with that time limit, the provision is directory rather than mandatory. The purpose of such provisions is to ensure expeditious determination rather than to oust jurisdiction after the prescribed period.
Administrative Law — Natural Justice — Right to a Hearing
A fair hearing under Article 28(1) of the Constitution requires that a party be afforded opportunity to hear the witnesses of the other side testify openly, to challenge those witnesses by cross-examination if they choose, to give their own evidence in defence if they choose, and to call witnesses to support their case.
Administrative Law — Agency — Liability for Acts of Agent
The principle qui facit per alium facit per se (he who does something through another does it himself) applies in administrative proceedings. Where an applicant submits a forged document through an agent, the fraud of the agent is imputed to the principal and the principal cannot escape liability by claiming ignorance or good faith.
Judicial Review — Illegality — Ex Turpi Causa Non Oritur Actio
A court will not lend its aid to a party who founds their cause of action upon an immoral or illegal act. Where illegality is brought to the attention of the court, the applicant has no right to be assisted regardless of other considerations. An illegality once brought to court's attention overrides all questions of pleading.
Judicial Review — Grounds — Illegality, Irrationality and Procedural Impropriety
Judicial review can be granted on three major grounds: illegality (when the decision-making authority commits an error of law or exercises power not vested in it); irrationality (when the authority acts so unreasonably that no reasonable authority would have made such a decision); and procedural impropriety (when the authority fails to act fairly, observe natural justice, or adhere to procedural rules laid down by statute).

Legislation cited (13)

Cases cited (7)

  • Chief Constable of North Wales Police v Evans [1982] 3 All ER 141
  • Edward Byaruhanga Katumba v Daniel Kiwalabye Musoke (Civil Appeal No. 2 of 1998)
  • Charles H Twagira v Uganda (Criminal Appeal No. 27 of 2003)
  • Rose Mary Nalwadda v Uganda Aids Commission (HCMA No. 45 of 2010)
  • Tarlol Singh Saggu v Roadmaster Cycles (U) Ltd (CACA No. 46 of 2000)
  • Holman vs Johnson Cowp. 343
  • Council of Civil Service Unions v Minister for the Civil Service [1985] 1 AC 374

Full judgment

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

Motor Centre EastAfrica Ltd v Public Procurement & Disposal Of Assets Authority (Misc.Cause No. 90 of 2010) [2010] UGHC 47 (4 October 2010)
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.