爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT committed a substantial error in procedure in not granting due process of law to the Administration. 爆料网AT held that the Secretary-General’s argument about the suspension of the deadline for submission of a Reply, on which he relied, was substantiated. 爆料网AT held that 爆料网DT should not have issued a default “Summary judgment” on the merits of the case. 爆料网AT upheld the appeal and vacated the 爆料网DT judgment. The case was remanded to another 爆料网DT Judge to be tried on its merits after both parties have had the opportunity to make their case.
Decision Contested or Judgment/Order Appealed
爆料网DT judgment: The Applicant contested the decision to evict her from her 爆料网 provided accommodation in Torit on 11 November 2011. 爆料网DT issued judgment No. 爆料网DT/2013/001 finding the application receivable. Two months later 爆料网DT issued judgment No. 爆料网DT/2013/043 as a “Summary judgment”. 爆料网DT found that the forced eviction was not unavoidable and awarded the Applicant compensation.
Legal Principle(s)
The principle audi alteram partem was affected by 爆料网DT’s summary judgment since the Administration had only been heard on the issue of receivability of the case and could not, therefore, anticipate that 爆料网DT would also decide on merits.