THE REPUBLIC vs. BANK OF GHANA EX PARTE VASINTEL LIMITED AND 2 OTHERS [2017]DLHC3669

Date	2017-06-28
Suit No.	GEORGE K. KOOMSON JUSTICE OF THE HIGH COURT
Citation No.	[2017]DLHC3669

GEORGE K. KOOMSON JUSTICE OF THE HIGH COURT

SAMUEL CODJOE FOR THE RESPONDENT

MOHAMMED SAHNOON FOR THE APPLICANT/RESPONDENT

LESLIE DODOO FOR THE 1ST INTERESTED PARTY

EGBERT FAIBILLE JNR FOR THE 2ND INTERESTED PARTY/APPLICANT

[2017]DLHC3669
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													<main id="main" class="content" style="min-height: 60rem" >THE REPUBLIC<o:p></o:p>vs.<o:p></o:p>BANK OF GHANA EX PARTE
VASINTEL LIMITED AND 2 OTHERS<o:p></o:p>[HIGH COURT (COMMERCIAL
DIVISION), ACCRA]<o:p></o:p>SUIT NO. MISC/0032/2017&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; 28TH JUNE, 2017<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">

<o:p>&nbsp;</o:p>

</div>COUNSEL:<o:p></o:p>SAMUEL CODJOE FOR THE RESPONDENT <o:p></o:p>MOHAMMED SAHNOON FOR THE APPLICANT/RESPONDENT <o:p></o:p>LESLIE DODOO FOR THE 1ST INTERESTED PARTY <o:p></o:p>EGBERT FAIBILLE JNR FOR THE 2ND INTERESTED
PARTY/APPLICANT <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 31.0pt 1.0pt 31.0pt">

<o:p>&nbsp;</o:p>

</div>RULING<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 31.0pt 1.0pt 31.0pt">

</div>&nbsp;In this application, the 2nd
Interested Party/Applicant (hereafter referred to as “the Applicant”)
prays the court to dismiss the Applicant/Respondent’s (hereafter referred to as
“the Respondent”) pending Application on Notice for Judicial Review. <o:p></o:p>&nbsp;<o:p></o:p>A brief background of the Respondent’s case as deposed to in its
Affidavit in Support of its Application on Notice for Judicial Review Pursuant
to Order 55 Rule 1(a) of the High Court (Civil Procedure) Rules, 2004 (C.I. 47)
and the Inherent Jurisdiction of the Court is as follows. Per an invitation
letter dated the 25th day of May 2016, the Respondent was invited by
the Bank of Ghana (BoG) to participate in a selective tendering process for the
provision of technical services for the <o:p></o:p>“Implementation of Ghana Retail Payment Systems Infrastructure.”
By another invitation letter dated the 3rd of June 2016 from the
BoG, the Respondent and two other tendering companies took part in a Pre-
Proposal Conference on the 20th day of June 2016 at the BoG’s
offices in Cedi House, Accra. This letter is marked as Exhibit VAS8. After the
Conference, the Respondent, together with two other companies one of which was
the Applicant, submitted its technical and financial proposals. After the
financial proposals were opened on July 4 2016, the tender price quotations of
the three bidding companies were announced to the hearing of all present. <o:p></o:p><o:p>&nbsp;</o:p>Six business days after the submission of the proposals,
Respondent received a letter dated the 12th day of July 2016 from
the BoG titled <o:p></o:p>“NOTIFICATION OF UNSUCCESSFUL TENDER – GR/BOG/TS/0007/2016” which
informed the Respondent that its Tender Bid was unsuccessful and that the
Applicant had been awarded the contract. This letter is marked into evidence as
Exhibit VAS9. The Respondent deposed that on receipt of Exhibit VAS9, it wrote
to the BoG requesting a confirmation of the tender prices announced and also a
record of proceedings for the events of July 4th 2016 in order to
confirm the value of the purported award to Applicant. This letter is marked as
Exhibit VAS10. The BoG replied by a letter, marked as Exhibit VAS11 dated the
20th day of July 2016 providing the official record of proceedings
and the announced price quotations which confirmed the tender price quotations
announced on the 4th day of July 2016. <o:p></o:p><o:p>&nbsp;</o:p>After receipt of Exhibit VAS11, Respondent wrote a letter dated
the 25th day of July 2016 titled “NOTICE
OF FILING OF COMPLAINT PURSUANT TO SECTION 78(1) OF THE PUBLIC PROCUREMENT ACT,
2003 (ACT 663)” notifying the BoG of its intention to invoke its statutory
rights under Section 78 of Act 663 as amended to challenge and seek redress in respect
of the purported award of the tender contract to the Applicant. This letter is
marked as Exhibit VAS12. By another letter, Exhibit VAS14, dated the 2nd day
of August 2016 and titled “VAS INTEL LIMITED APPLICATION OF COMPLAINT T</main>