Wakilii

Urban Living Limited v Kampala Capital City Authority and Another (Misc Cause 29 of 2022)

High Court · [2023] UGHCCD 211 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review seeking certiorari, mandamus, prohibition, and damages following cancellation of procurement process
Decision
Application for judicial review dismissed for failure to exhaust administrative remedies

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the application for judicial review on the ground that the Applicant failed to exhaust existing administrative remedies provided under the Public Procurement and Disposal of Public Assets Act 2003. Rule 7A(1)(b) of the Judicature (Judicial Review) (Amendment) Rules 2019 requires an aggrieved person to exhaust existing remedies within the public body or under the law before seeking judicial review. The Applicant did not pursue administrative review by the Accounting Officer under section 89 or appeal to the Tribunal under section 91I of the PPDA Act.

Outcome

Application for judicial review dismissed for failure to exhaust administrative remedies

Facts

Urban Living Limited submitted an expression of interest on 20 May 2021 in response to KCCA's procurement notice for a provider to develop and operate an integrated on-street parking management solution. The Applicant incurred approximately USD 340,000 in costs engaging local and foreign experts to prepare the bid. Nine firms submitted bids by the deadline. On 17 September 2021, PPDA advised KCCA to cancel the procurement process. KCCA's contracts committee approved the cancellation on 29 October 2021. KCCA communicated the cancellation to the Applicant on 2 November 2021, citing PPDA's investigation report. The Applicant had previously written to the Minister for Kampala on 16 August 2021 and to KCCA's Executive Director on 18 October 2021 complaining about delays. The Applicant then filed this judicial review application seeking certiorari, mandamus, prohibition, damages, and other relief.

Issues

  1. Whether the Applicant exhausted existing administrative remedies available under the Public Procurement and Disposal of Public Assets Act before seeking judicial review.
  2. Whether the proceedings leading to and the actual decision by the 1st Respondent to cancel the procurement process were illegal, unlawful, unreasonable, irrational or involved any procedural irregularity.

Orders

  • Application dismissed.
  • Costs awarded to the Respondents.

Rules and key headnotes

Judicial Review — Exhaustion of Administrative Remedies — Requirement under Rule 7A(1)(b)
Before seeking judicial review, an aggrieved person must exhaust existing remedies available within the public body or under the law as required by Rule 7A(1)(b) of the Judicature (Judicial Review) (Amendment) Rules 2019.
Administrative Law — Public Procurement — Statutory Remedies under PPDA Act
A bidder aggrieved by a decision of a procuring entity must first seek administrative review by the Accounting Officer under section 89 of the Public Procurement and Disposal of Public Assets Act 2003, and if dissatisfied, may apply to the Tribunal under section 91I before appealing to the High Court under section 91M.
Judicial Review — Scope and Purpose — Review of Decision-Making Process
Judicial review is concerned with the decision-making process and not the decision itself, and its purpose is to ensure that the individual is given fair treatment by the authority to which he or she has been subjected.

Legislation cited (31)

Cases cited (7)

  • Wembabazi Beatrice v NRM Election Disputes Tribunal and Hon. Busingye Harriet Mugenyi (Misc Cause No. 15 of 2020)
  • Speaker of National Assembly -v- Ngenga Karume [2008] 1 KLR 425
  • Hajji Iddi Lubyayi Kisiki v Katushabe Ruth & NRM (HCMC No. 26 of 2020)
  • Charles Nsubuga v Eng. Badru Kiggundu & 3 Others (HCMC No. 148 of 2015)
  • Muhumuza Joseph v Insurance Regulatory Authority & Others (HCMC No. 100 of 2020)
  • Ssewanyana Jimmy v International University (MC 207 of 2018)
  • National Drug Authority & Another v Nakachwa Florence Obiocha (Civil Appeal No. 281 of 2017)

Full judgment

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

Urban Living Limited v Kampala Capital City Authority and Another (Misc Cause 29 of 2022) [2023] UGHCCD 211 (11 July 2023)
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.