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Auto Terminal Japan Limited ,Pal Auto Garage Limited and Another v Quality Inspection Services Inc Japan (Miscellaneous Application 3 of 2024) [2024] UGPPDPAAT 11 (1 March 2024)
- Citation
- [2024] UGPPDPAAT 11
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- Public Procurement and Disposal of Public Assets Appeals Tribunal
- Panel
- Nerima, Panel Member, Isanga, Nuwagira, Kalumba, Kyarisiima, Kayemba
- Case number
- Miscellaneous Application 3 of 2024
- Language
- English
More details
- Court
- Public Procurement and Disposal of Public Assets Appeals Tribunal
- Panel
- Nerima, Panel Member, Isanga, Nuwagira, Kalumba, Kyarisiima, Kayemba
- Case number
- Miscellaneous Application 3 of 2024
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Tribunal found that the Applicant, as one of the Best Evaluated Bidders in the procurement process challenged by the Respondent, has a direct and substantial interest in the outcome of Application No. 09 of 2024. The absence of opposition from the Respondent further supports the appropriateness of the joinder. The Tribunal therefore ordered that the Applicant be joined as the third respondent to Application No. 09 of 2024, and that its previously filed response and submissions be adopted as its response and submissions in its new capacity as respondent. This ensures that all parties with a legitimate interest in the procurement dispute are properly represented and heard, in accordance with principles of fairness and natural justice.
Court disposition
application for joinder granted
Orders
- Auto Terminal Japan Limited, Pal Auto Garage Ltd, Africa Automotive Analysis Ltd JV is joined as the third respondent to Application No. 09 of 2024.
- The Applicant's response filed on 22nd February 2024 and submissions shall be taken as its response and submissions as a respondent.
02
Material facts
Parties
Auto Terminal Japan Limited, Pal Auto Garage Ltd, Africa Automotive Analysis Ltd JV
Applicant Counsel: Mark KizzaQuality Inspection Services Inc. Japan
Respondent Counsel: Olivia Kyarimpa Matovu, Martin Kakuru, Saad Seninde03
Procedural history
Posture
Miscellaneous Application / Ruling on Joinder
04
Questions and positions
Legal issues
- 01
Whether the Applicant should be joined as a respondent to Application No. 09 of 2024.
- 02
Whether the Applicant's response and submissions should be adopted as those of a respondent.
Party arguments
- Applicant
- The Applicant seeks to be joined as a respondent in Application No. 09 of 2024, arguing that as one of the Best Evaluated Bidders in the procurement process, it has a direct interest in the outcome of the challenge to the tender award.
- Respondent
- The Respondent does not oppose the application for joinder and raises no objection to the Applicant being joined as a respondent.
05
Court’s reasoning
Legal principles
- 01
Order 1 Rule 10 of the Civil Procedure Rules (as applied by the Tribunal)
A party with a direct interest in the subject matter of a dispute may be joined as a respondent to ensure all affected parties are heard.
- 02
Tribunal practice and principles of natural justice
Non-opposition to joinder by an existing party supports the efficient and fair resolution of procurement disputes.
06
Ratio, limits and disposition
Ratio decidendi
The Tribunal found that the Applicant, as one of the Best Evaluated Bidders in the procurement process challenged by the Respondent, has a direct and substantial interest in the outcome of Application No. 09 of 2024. The absence of opposition from the Respondent further supports the appropriateness of the joinder. The Tribunal therefore ordered that the Applicant be joined as the third respondent to Application No. 09 of 2024, and that its previously filed response and submissions be adopted as its response and submissions in its new capacity as respondent. This ensures that all parties with a legitimate interest in the procurement dispute are properly represented and heard, in accordance with principles of fairness and natural justice.
Obiter and limits
- The Tribunal notes that joinder of interested parties in procurement disputes promotes transparency and inclusiveness in the adjudication process.
- The Tribunal encourages parties to raise any objections to joinder promptly to avoid unnecessary delays.
Court disposition
application for joinder granted
- Auto Terminal Japan Limited, Pal Auto Garage Ltd, Africa Automotive Analysis Ltd JV is joined as the third respondent to Application No. 09 of 2024.
- The Applicant's response filed on 22nd February 2024 and submissions shall be taken as its response and submissions as a respondent.
Source and reliance status
Public Procurement and Disposal of Public Assets Appeals Tribunal
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Public Procurement and Disposal of Public Assets Appeals Tribunal
Judgment
THE REPUBLIC OF UGANDA
PUBLIC PROCUREMENT AND DISPOSAL OF PUBLIC ASSETS APPEALS TRIBUNAL
MISCELLANEOUS APPLICATION NO. 3 OF 2024 (ARISING FROM APPLICATION NO. 9 OF 2024- QUALITY INSPECTION SERVICES INC JAPAN VS. UGANDA NATIONAL BUREAU OF STANDARDS)
BETWEEN
AUTO TERMINAL JAPAN LIMITED, PAL AUTO GARAGE LTD, AFRICA AUTOMOTIVE ANALYSIS LTD JV::::::::::::::::::::::::: APPLICANT
AND
QUALITY INSPECTION SERVICES INC. JAPAN:::::::::::::::::RESPONDENT
BEFORE: NELSON NERIMA; THOMAS BROOKES ISANGA; GEOFFREY NUWAGIRA KAKIRA; PAUL KALUMBA; CHARITY KYARISIIMA; AND KETO KAYEMBA, MEMBERS
Representation:
Mr. Mark Kizza for the Applicant Mrs Olivia Kyarimpa Matovu, Mr. Martin Kakuru and Mr. Saad Seninde for the Respondent
RULING
The Applicant is one of the three Best Evaluated Bidders (namely; Consortium of EAA Company Ltd and East Africa Auto Technical Testing: Auto Terminal Japan Limited, Pal Auto Garage Ltd, Africa Automotive Analysis Ltd JV; and Quality Inspection Services Inc Japan) in the emergency procurement for the provision of pre-export verification of conformity to standards-service providers for used motor vehicles under procurement no. UNBS/NCONS/2023-2024/00052 by Uganda National Bureau of Standards (UNBS).
The Applicant has applied to be joined as a Respondent to Tribunal Application No. 09 of 2024 wherein Quality Inspection Services Inc. Japan challenges the said tender award
The application is not opposed by *Quality Inspection Services Inc. Japan.*
Auto Terminal Japan Limited, Pal Auto Garage Ltd, Africa Automotive Analysis Ltd JV is hereby joined as the $3<sup>rd</sup>$ Respondent to Registry Application No. 09 of 2024.
Their Response filed on 22<sup>nd</sup> February 2024 and submissions shall be taken to be their response and submissions as a Respondent.
Dated at Kampala this 1<sup>st</sup> day of March, 2024.
mó
NELSON NERIMA MEMBER
GEOFFREY NUWAGIRA KAKIRA MEMBER
THOMAS BROOKES ISANGA MEMBER
PAUL KALUMBA MEMBER
CHARITY KYARISIIMA MEMBER
KETO KAYEMBA MEMBER
Ruling of the PPDA Appeals Tribunal in Miscellaneous Application No. 3 of 2024
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