2014-Ģ��ƵAT-422

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an appeal by the Secretary-General. Ģ��ƵAT held that Ģ��ƵDT committed a substantial error in procedure in not granting due process of law to the Administration. Ģ��ƵAT held that the Secretary-General��s argument about the suspension of the deadline for submission of a Reply, on which he relied, was substantiated. Ģ��ƵAT held that Ģ��ƵDT should not have issued a default ��Summary judgment�� on the merits of the case. Ģ��ƵAT upheld the appeal and vacated the Ģ��ƵDT judgment. The case was remanded to another Ģ��ƵDT Judge to be tried on its merits after both parties have had the opportunity to make their case.

Decision Contested or Judgment/Order Appealed

Ģ��ƵDT judgment: The Applicant contested the decision to evict her from her Ģ��Ƶ provided accommodation in Torit on 11 November 2011. Ģ��ƵDT issued judgment No. Ģ��ƵDT/2013/001 finding the application receivable. Two months later Ģ��ƵDT issued judgment No. Ģ��ƵDT/2013/043 as a ��Summary judgment��. Ģ��ƵDT found that the forced eviction was not unavoidable and awarded the Applicant compensation.

Legal Principle(s)

The principle audi alteram partem was affected by Ģ��ƵDT��s summary judgment since the Administration had only been heard on the issue of receivability of the case and could not, therefore, anticipate that Ģ��ƵDT would also decide on merits.

Outcome

Appeal granted

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the Ģ��ƵDT Statute and Article 11(3) of the Ģ��ƵAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Khisa

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement