SW GLOBAL V. AMA

RULING 

i. Introduction: 

[1] This case is about the proper interpretation of a clause in the contract signed between the  parties herein. The central issue for my determination is whether the said Clause 9.1 in the  agreement bars the Defendant from engaging another entity or individual to provide the services  the Plaintiff perform under the contract signed. Resolution of this issue requires determination of  whether the Clause 9.1 confers exclusive right on the Plaintiff and, if so, whether same is in breach  of the Public Procurement Act, 2003 (Act 663).

[2] The Plaintiff claims the following judicial reliefs per its writ of summons filed on  December 11, 2017: 

i. An order by way of specific performance of the Information Technology Services  Agreement dated January 29, 2010 that the Defendant renews the Information  Services Agreement in favour of Plaintiff; 

ii. General Damages in addition to specific performance; 

iii. An order of injunction restraining the Defendant by its office…