ELECO ELEVATOR COMPANY (PRIVATE) LIMITED v NATIONAL SOCIAL SECURITY AUTHORITY and STATE PROCUREMENT BOARD

HH 825-17

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Case Details

Court

Harare High Court

Date

12 December 2017

Citation

HH 825-17

Neutral Citation

[2017] ZWHH 825

Outcome

unknown

Case Type

Application

Bench

Presiding

MANGOTA J

Full Bench

MANGOTA J

Areas of Law

Contract LawProcurement LawAgency Law

Keywords

tendercontract formationprocurement regulationsagencyinvitation to treat

Key Issues

{"issue_text":"Whether a binding contract was concluded between applicant and first respondent through the second respondent's letter of 15 August 2011","issue_type":"mixed","dispositive":"yes","related_facts":"Tender submission, acceptance letter, four-year delay"}
{"issue_text":"Whether the second respondent acted as agent of the first respondent in the procurement process","issue_type":"law","dispositive":"no","related_facts":"Statutory functions of State Procurement Board"}

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background

Facts of the Case

Background

The applicant, ELECO ELEVATOR COMPANY, submitted tenders in response to invitations issued by the State Procurement Board for supply and installation of lifts at various NSSA properties. The applicant claimed that acceptance letters dated 15 August 2011 constituted binding contracts with NSSA. Four years later, the applicant sought a declaratory order that contracts existed. The court found no contract was concluded as the procurement process was merely an invitation to treat, not an offer acceptance.

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