The Tribunal struck out Gamose Holdings’ review as out of time, holding the accounting officer’s failure to decide within ten calendar days made the application late.
Gabikan Engineering Limited v Ministry of Works and Transport and Another (Application 50 of 2024) [2025] UGPPDPAAT 3 (15 January 2025)
Court
Public Procurement and Disposal of Public Assets Appeals Tribunal
Case number
Application 50 of 2024
Judges
Gimara SC, Chairperson, Nerima, Panel Member, Nuwagira, Kalumba, Kyarisiima, Kayemba, cyrus Titus Aomu, penal member
The Tribunal found that the Applicant's bid validity expired on March 31, 2024, and there was no evidence of further extension. By the time the application was filed on December 24, 2024, the Applicant was no longer a bidder and thus lacked locus standi under section 115(1) of the Public Procurement and Disposal of Public Assets Act. Furthermore, the Applicant's administrative review complaint to the Accounting Officer was made on October 4, 2024, and the statutory period for filing an application with the Tribunal expired on October 24, 2024. The application was filed two months out of time.…
Nakwedde v Muwonge & Another (Election Petition Appeal 1 of 2022) [2024] UGCA 222 (23 August 2024)
Court
Court of Appeal of Uganda
Case number
Election Petition Appeal 1 of 2022
Judge
Kiryabwire, JA, Muzamiru, JA, Gashirabake, JA
The Court of Appeal held that the statutory requirement under Section 141 of the Local Government Act for service of the Notice of Presentation of Petition and the Petition within seven days of filing is mandatory and admits of no exceptions or extensions. The appellant served the respondents three and four days out of time, respectively, and the trial judge was correct in finding that late service rendered the petition a nullity. The court distinguished authorities relating to civil matters and emphasized the special regime governing election petitions, which prioritizes strict compliance wi…
Makerere University v Makerere University Staff Appeals Tribunal and Another (Miscellaneous Cause 285 of 2023) [2024] UGHCCD 124 (12 August 2024)
Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Cause 285 of 2023
Judge
Musa Ssekaana, J
The High Court held that the application was fit for judicial review, as the exclusion of the applicant's right to challenge the Staff Tribunal's decision would violate constitutional principles of equality and the rule of law. The Staff Tribunal acted illegally and irrationally by entertaining an appeal filed out of time, failing to render its decision within the statutory 45-day period, and issuing ex parte orders without proper procedure. The Tribunal exceeded its jurisdiction by ordering the reinstatement and payment of salary arrears to the 2nd respondent, thereby usurping the statutory…
Clear View Investments Limited v Mbarara University School of School of Science and Technology (MUST) (Application 29 of 2024) [2024] UGPPDPAAT 31 (24 June 2024)
Court
Public Procurement and Disposal of Public Assets Appeals Tribunal
The Tribunal struck out Clear View Investments Ltd’s review application as time-barred, holding that the statutory deadline had expired and could not be extended.
The Tribunal found that the applicant became aware of the Notice of Best Evaluated Bidder on March 22, 2024, and the statutory ten-day period for filing a direct application to the Tribunal commenced on March 23, 2024. The last day for filing was April 2, 2024, accounting for the public holiday on April 1, 2024. The application was filed on April 8, 2024, outside the statutory period. The Public Procurement and Disposal of Public Assets Act prescribes mandatory timelines for procurement review applications, and the Tribunal lacks jurisdiction to extend or enlarge these timelines. As a result,…
The Tribunal held the procurement review was filed in time, found the best evaluated bidder met specified experience requirements, and dismissed the application.
The Tribunal struck out Rexco Limited’s review application as time-barred, holding it was filed outside the mandatory statutory deadline and that it lacked jurisdiction.
The Tribunal struck out GE Solutions’ procurement review application as time-barred and incompetent, holding that procurement complaint timelines are mandatory and not extendable.
The Tribunal found that the applicant's complaint to the Accounting Officer was subject to the World Bank Procurement Regulations, which allowed fifteen business days for a decision to be made and communicated. The Accounting Officer's decision was communicated on December 7, 2023, making the statutory deadline for filing an application to the Tribunal December 16, 2023. As December 16 was a Saturday, the next working day was December 18, 2023. The applicant failed to file the application by that date and only lodged it on January 2, 2024, well outside the statutory period. The Tribunal held…