566 (2024)

��AT Held or ��DT Pronouncements

The ��AT noted that the staff member had filed his appeal of the ��RWA DT Judgment on his application for execution before the ��AT Judgment in the underlying case was issued and the Commissioner-General had an opportunity to address the ��AT Judgment before submitting the answer to the present appeal. The ��AT found that given these circumstances, it was in the interest of procedural fairness to allow the staff member to submit additional pleadings 20 days from the issuance of the Order and not exceeding five pages. The ��AT granted the motion for additional pleadings.

Decision Contested or Judgment/Order Appealed

The ��RWA DT issued Judgment No. ��RWA/DT/2023/050 in which it dismissed the former staff member��s application in which he had requested partial execution of Judgment No. ��RWA/DT/2023/018 on grounds that it was on appeal to the ��AT. The staff member appealed. The staff member filed a motion for additional pleadings, requesting an opportunity to respond to matters presented for the first time in the Commissioner-General��s answer.

Legal Principle(s)

Additional pleadings may be justified when the respondent raises issues in the answer to which the appellant was unable to respond. The ��AT has also permitted additional pleadings when a party seeks to address a ��AT Judgment of relevance to the party��s case, which was issued after the party had submitted their appeal.

Outcome

Other motion 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 ��DT Statute and Article 11(3) of the ��AT 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.

Individual Party

Hakam Mohammad Shahwan

Entity

Case Number(s)

Tribunal

Registry

Date of Order