LITINA TRAVEL & TOURS LTD vs LITINA TRAVEL & TOURS LTD
2016
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP GEORGE K. KOOMSON (J).
Areas of Law
- Administrative Law
- Contract Law
- Civil Procedure
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
Litina Travel and Tours Ltd filed a lawsuit against the National Sports Authority (NSA) for breaching procurement laws by awarding a travel consultancy contract to Africa Origin Travel and Tours Ltd despite Litina being the successful bidder. The court recognized the NSA's violations of procurement laws, transparency, non-discrimination, equal treatment principles, and ordered damages and contract enforcement in favor of Litina.
The National Sports Authority (hereinafter called “The NSA”) put out an advertisement in the Ghanaian daily newspapers, Daily Graphic and Ghanaian Times, soliciting prospective consulting firms to submit their profiles in expression of interest in undertaking travel consultancy services for it for an initial five-year term.
Several travel consulting firms submitted their profile to the NSA after which they shortlisted the two most eligible consulting firms, namely, Litina Travel and Tours Ltd (the plaintiff) and Africa Origin Travel and Tours Ltd. On the 14th August, 2015, the two shortlisted consulting firms were requested by virtue of an invitation to tender with IFT No. NSA/RFP/TA/01/2015, to submit proposals to be subjected through public competitive tender process for purposes of selecting the better bidder of the two consulting firms in terms of the tender documents to be engaged as a travel agent for the NSA.
The request for proposal stated that the consultant will be selected under the quality and cost-based selection.
There were instructions set out in the tender document particularly the tender data sheet that the bidders were supposed to submit two separate proposals constituting their respective bid; the first being their respective technical proposals and the second being their respective financial proposal in respect of the first transaction under the subject contract i. e. transporting passengers or a contingent to the ongoing All African Games that was being held in Congo Brazzaville.
Having gone through the tender processes, the Tender Committee adjudged Litina Travel and Tours as the successful bidder and accordingly recommended it for the award of the contract.
Despite the recommendations made by the Tender Committee, the Ministry of Youth and Sports intervened and compelled Litina Travel and Tours to partner African Origin Travel and Tours Ltd for the contract in their joint names.
Litina Travel and Tours Ltd protested to the Public Procurement Authority but the Ministry of Youth and Sports ignored their protestation.
African Origin Travel and Tuors Ltd was accordingly awarded the contract to airlift the contingent or passengers to Congo Brazzaville for the All African Games.
It is against this background that the plaintiff has brought this action seeking the following reliefs: -
1. A declaration that on a true and proper construction of sections 59(1) (2) and (3), 74 and 75 of Act 663 and the criteria set in the invitation to