2015-惇蹋厙AT-554

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

惇蹋厙AT had before it an appeal of judgment No. 惇蹋厙RWA/DT/2014/017. 惇蹋厙AT noted that judgment No. 2013-惇蹋厙AT-963 was a final judgment and therefore the Appellant＊s case was res judicata, which meant that the Appellant was precluded from raising his claim again. 惇蹋厙AT held that 惇蹋厙RWA DT made no error in finding the Appellant＊s application manifestly inadmissible and dismissing it without referring it to the Commissioner-General. 惇蹋厙AT held as unsustainable the Appellant＊s claim that 惇蹋厙RWA DT erred in law when it considered his application was an application against judgment No. 2013-惇蹋厙AT-363. 惇蹋厙AT held that the Appellant had no locus standi to bring the appeal and dismissed it. Noting that it had no doubt that the Appellant fully understood the legal effect of the previous decision of 惇蹋厙AT, and that the Appellant continued to defy the judgments of both 惇蹋厙RWA DT and 惇蹋厙AT that his claim was not receivable, 惇蹋厙AT held that the Appellant manifestly abused the appeals process by deliberately filing an appeal that was blatantly frivolous and vexatious. 惇蹋厙AT held that the Commissioner-General had made his case for an order for costs against the Appellant. 惇蹋厙AT dismissed the appeal, affirmed the 惇蹋厙RWA DT judgment, awarded costs of USD 9,600 against the Appellant and directed the 惇蹋厙AT Registrar not to accept any filing from the Appellant until such costs were paid.

Decision Contested or Judgment/Order Appealed

The Applicant filed a series of appeals pertaining to his non-selection to take a written test for two posts. In judgment No. 惇蹋厙RWA/DT/2012/038, 惇蹋厙RWA DT rejected his claim as non-receivable ratione temporis. In judgment No. 2013-惇蹋厙AT-363, 惇蹋厙AT dismissed the appeal and affirmed 惇蹋厙RWA DT＊s time-bar finding. The Applicant then filed an application contesting judgment No. 惇蹋厙RWA/DT/2012/038/Corr. 1 and judgment No. 2013-惇蹋厙AT-363. In judgment No. 惇蹋厙RWA/DT/2014/017, 惇蹋厙RWA DT summarily dismissed the application as manifestly inadmissible.

Legal Principle(s)

The authority of a final judgment (res judicata) cannot be readily set aside.

Outcome

Appeal dismissed on receivability

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

Applicants/Appellants

Chaaban

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