Wakilii

Ttumuka General Auctioneers Limited v Pader District Local Government [2025] UGPPDPAAT 37

Tribunal · 2025 Application Struck Out AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review of procurement decision before the Public Procurement and Disposal of Public Assets Appeals Tribunal
Decision
Application struck out as time-barred

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 applicant filed its application on August 12, 2025, beyond the mandatory ten-day statutory deadline under section 115(2)(a) of the Public Procurement and Disposal of Public Assets Act. The deadline expired on August 2, 2025 (extended to August 4, 2025 as August 2 fell on a Sunday). Even if the Accounting Officer had not communicated a decision, the application would still be out of time under section 115(2)(b). The Tribunal held that statutory timelines in procurement law are mandatory and failure to comply extinguishes the Tribunal's jurisdiction.

Outcome

Application struck out as time-barred

Facts

Pader District Local Government initiated a procurement for an auctioneer to dispose of old assets using request for proposal method, inviting five potential bidders. Four bids were received on June 27, 2025, including from Ttumuka General Auctioneers Ltd (the Applicant) and Goshen Auctioneers and Financial Services Ltd. On July 11, 2025, the Respondent issued a Best Evaluated Bidder Notice declaring Goshen Auctioneers as the successful bidder. The Applicant's bid was rejected on grounds that it submitted a forged income tax clearance certificate. The Applicant filed an administrative review complaint with the Accounting Officer on July 14, 2025, alleging lack of transparency, change of bid opening date without notice, fraud by the successful bidder, and compliance with all requirements. The Accounting Officer dismissed the complaint on July 22, 2025. The Applicant then filed the present application before the Tribunal on August 12, 2025.

Issues

  1. Whether the Application is time-barred?
  2. Whether the Respondent's conduct of the impugned procurement process was not transparent?
  3. Whether the Respondent erred in law and fact when it declared Goshen Auctioneers and Financial Services Ltd as the best evaluated bidder?
  4. What remedies are available to the parties?

Orders

  • The Application is struck out.
  • The Tribunal's suspension order dated August 15, 2025, is vacated.
  • Each party shall bear its own costs.

Rules and key headnotes

Administrative Law — Public Procurement — Statutory Timelines — Mandatory Nature
Statutory timelines prescribed in procurement law are mandatory and the Tribunal has no power to extend time set by statute. Failure to act within the prescribed statutory period extinguishes the Tribunal's jurisdiction over the matter.
Administrative Law — Public Procurement — Appeals to Tribunal — Time Limits After Accounting Officer's Decision
Under section 115(2)(a) of the Public Procurement and Disposal of Public Assets Act Cap 205, an application to the Tribunal must be made within ten days from the date of the Accounting Officer's decision. Where the final day falls on a day when the Tribunal's offices are closed, the deadline is extended to the next working day.
Administrative Law — Public Procurement — Appeals to Tribunal — Time Limits Where No Decision by Accounting Officer
Where an Accounting Officer does not make or communicate a decision within ten days of receiving an administrative review complaint, a bidder must file an application before the Tribunal within ten days after the expiry of the period prescribed for the Accounting Officer's decision under sections 106(7), 106(8) and 115(2)(b) of the Public Procurement and Disposal of Public Assets Act Cap 205.

Legislation cited (6)

Cases cited (2)

  • Goldstar Insurance Company Ltd v Kampala Capital City Authority (Application No. 18 of 2025)
  • Eclipse Edisoil JVC Ltd v Napak District Local Government (Civil Appeal No. 05 of 2024)

Full judgment

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

Ttumuka General Auctioneers Limited v Pader District Local Government 2025 UGPPDPAAT 37 (3 September 2025)
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.