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Orion Tranformers and Electronics Limited v Uganda Electricity Distribution Company Limited (Application 14 of 2025) [2025] UGPPDPAAT 18 (3 July 2025)
- Citation
- [2025] UGPPDPAAT 18
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- Public Procurement and Disposal of Public Assets Appeals Tribunal
- Panel
- Gimara SC, Chairperson, Nerima, Panel Member, Nuwagira, Kalumba, Kayemba, Kyarisiima, cyrus Titus Aomu, penal member
- Case number
- Application 14 of 2025
- Language
- English
More details
- Court
- Public Procurement and Disposal of Public Assets Appeals Tribunal
- Panel
- Gimara SC, Chairperson, Nerima, Panel Member, Nuwagira, Kalumba, Kayemba, Kyarisiima, cyrus Titus Aomu, penal member
- Case number
- Application 14 of 2025
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Tribunal approved the withdrawal of the application after confirming that the Applicant wished to withdraw and that neither the Respondent nor the Best Evaluated Bidder objected. The Tribunal applied regulation 16(3) of the Public Procurement and Disposal of Public Assets (Tribunal)(Procedure) Regulations, 2016, which mandates Tribunal approval for withdrawal. The Tribunal also ordered that each party bear its own costs and vacated the prior suspension order, as the matter was no longer in dispute.
Court disposition
application withdrawn and approved
Orders
- The withdrawal of Registry Application No. 13 of 2025 by the Applicant is approved.
- Each party shall bear its own costs.
- The Tribunal's suspension order dated 19th June, 2025 is vacated.
02
Material facts
Parties
Orion Transformers and Electrics Ltd
Applicant Counsel: Ms. Sophie Dhatemwa, M/S Nexus Solicitors & AdvocatesUganda Electricity Distribution Company Ltd
Respondent Counsel: Mrs. Susan Nafula BukenyaSteema Transformers and Electricals Limited
Respondent Counsel: Mr. Sher Singh Shekhawat03
Procedural history
Posture
Review Application / Withdrawal Ruling
04
Questions and positions
Legal issues
- 01
Whether the Tribunal should approve the Applicant's withdrawal of the application under regulation 16(3) of the Public Procurement and Disposal of Public Assets (Tribunal)(Procedure) Regulations, 2016.
- 02
Whether any party objects to the withdrawal and the consequences thereof.
Party arguments
- Applicant
- The Applicant, through counsel, formally requested withdrawal of the application and reiterated this position at the oral hearing. No substantive arguments were advanced regarding the merits of the procurement challenge, as the withdrawal was the sole issue.
- Respondent
- The Respondent and the Best Evaluated Bidder did not object to the withdrawal of the application. No arguments were presented contesting the withdrawal or seeking costs.
05
Court’s reasoning
Legal principles
- 01
Regulation 16(3), Public Procurement and Disposal of Public Assets (Tribunal)(Procedure) Regulations, 2016
Withdrawal of an application before the Tribunal requires approval under regulation 16(3) of the Public Procurement and Disposal of Public Assets (Tribunal)(Procedure) Regulations, 2016.
06
Ratio, limits and disposition
Ratio decidendi
The Tribunal approved the withdrawal of the application after confirming that the Applicant wished to withdraw and that neither the Respondent nor the Best Evaluated Bidder objected. The Tribunal applied regulation 16(3) of the Public Procurement and Disposal of Public Assets (Tribunal)(Procedure) Regulations, 2016, which mandates Tribunal approval for withdrawal. The Tribunal also ordered that each party bear its own costs and vacated the prior suspension order, as the matter was no longer in dispute.
Obiter and limits
- The Tribunal notes the importance of parties communicating withdrawal requests promptly to avoid unnecessary hearings.
- The Tribunal encourages parties to resolve procurement disputes efficiently and in accordance with procedural regulations.
Court disposition
application withdrawn and approved
- The withdrawal of Registry Application No. 13 of 2025 by the Applicant is approved.
- Each party shall bear its own costs.
- The Tribunal's suspension order dated 19th June, 2025 is vacated.
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 APPLICATION NO. 14 OF 2025
BETWEEN
ORION TRANSFORMERS AND ELECTRICS LTD :::::::::::::::::::::::::::::::::::
AND
UGANDA ELECTRICITY DISTRIBUTION <table> COMPANY LTD::::::::::::::::::::::::::::::::::::
APPLICATION FOR REVIEW IN RESPECT OF THE PROCUREMENT FOR THE SUPPLY $\mathbf{OF}$ DISTRIBUTION TRANSFORMERS UNDER FRAMEWORK CONTRACT FOR $1.2$ AND UNDER LOTS 3 PROCUREMENT NO. UEDCL/SUPPLS/2023-24/10278
BEFORE: FRANCIS GIMARA S. C, CHAIRPERSON; NELSON NERIMA; GEOFFREY NUWAGIRA KAKIRA; PAUL KALUMBA; KETO KAYEMBA; CHARITY KYARISIIMA; AND ENG. CYRUS TITUS AOMU, MEMBERS
RULING
The Applicant filed this Application on 19<sup>th</sup> June 2025 to challenge the outcome of the above procurement process in respect of Lot 1.
The Respondent filed a response on 23<sup>rd</sup> June 2025.
The Best Evaluated Bidder, Steema Transformers and Electricals Limited, filed a response on $23^{rd}$ June, 2025.
On 24<sup>th</sup> June, 2025, the Applicant's counsel $M/S$ Nexus Solicitors & *Advocates* filed a notice of withdrawal of the Application.
The withdrawal of an Application requires the approval of the Tribunal under regulation 16 (3) of the Public Procurement and Disposal of Public Assets (Tribunal)(Procedure) Regulations, 2016.
The Tribunal held an oral hearing on 3<sup>rd</sup> July, 2025 via Zoom videoconferencing.
Ms. Sophie Dhatemwa, appeared as counsel for the Applicant. Mr. Hanlin Liu, authorised representative of the Applicant was present. Mrs. Susan Nafula Bukenya, Manager Investigations and Litigation appeared as counsel for the Respondent.
Ms. Esther Mulyagonja, company secretary of the Applicant was present. Mr. Sher Singh Shekhawat, Director, represented the Best Evaluated Bidder.
The Applicant and their counsel reiterated the decision to withdraw the Applicantion, while the Respondent and the Best Evaluated Bidder did not object to the withdrawal.
Having heard the parties to the Application, the Tribunal therefore makes the following orders.
- 1) The withdrawal of Registry Application No. 13 of 2025 by the Applicant is approved. - 2) Each party shall bear its own costs. - 3) The Tribunal's suspension order dated 19<sup>th</sup> June, 2025 is vacated.
Dated at Kampala this 3<sup>rd</sup> day of July, 2025.
Munin
FRANCIS GIMARA S. C CHAIRPERSON
NELSON NERIMA MEMBER
GEOFFREY NUWAGIRA KAKIRA MEMBER
PAUL KALUMBA MEMBER
CHARITY KYARISIIMA MEMBER
KETO KAYEMBA MEMBER
ENG. CYRUS TITUS AOMU MEMBER
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