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Public Procurement: Lessons for PDEs and bidders – Galleria in Africa Ltd v UEDCL

Public Procurement: Lessons for PDEs and bidders – Galleria in Africa Ltd v UEDCL

Introduction:

On April 26th 2018, the Supreme Court of Uganda pronounced its judgement in the case of Galleria in Africa Limited v Uganda Electricity Distribution Company Limited, Civil Appeal No 08 of 2017 (SC). The Supreme Court exercised its jurisdiction as a second appellate court in the appeal against the decision of the Court of Appeal over a public procurement dispute originally adjudicated by the High Court as the trial court.

The bench of five Justices of the Supreme Court unanimously held in favour of the respondent/cross appellant (UEDCL), dismissing the appeal of Galleria, and allowing UEDCL’s cross appeal with costs against Galleria in the appeal and cross appeal, and in the Supreme Court and the Courts below. The Supreme Court profoundly upheld the requirement of strict compliance with the provisions of the Public Procurement and Disposal of Public Assets Act, 2003 (PPDA Act) in public procurement processes.

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