Judicial Review

Clear Channel Independent Uganda Ltd v Public Procurement And Disposal of Public Assets Authority ((Misc.App.No.380 Of 2008)) [2009] UGHC 180 (14 April 2009);

Flynote: 

Search Summary: 

This was an application for judicial review of the decision of the respondents of allowing the tender process to continue despite of it being irregular.

The applicant sought for orders of certiorari to quash the impugned report that related to the appellant, and a prohibition order prohibiting the respondent or anyone else from implementing the recommendations of the report under review.

 

Headnote and Holding: 

As regards the first issue of contention, the court found that the respondents had ignored the applicant’s application for review of the decision of the Civil Aviation Authority which was found to have been marred with procedural irregularities and omissions.

 

That the respondent in allowing the tender process which was contrary to the PPDA Act caused a frustration to the applicant, and the Act itself, yet they were entitled to safeguard the Act.

 

The court thus found that, since there was a procedure to be corrected, it could not be left to stand.

 

As regards the issue of relief, the court awarded orders of certiorari and prohibition sought and an order to repeat the tender process, with costs of the application against the respondent.

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