UNDT/2020/103 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2020/103, Mukeba wa Mukeba

UNAT Held or UNDT Pronouncements

The Applicant failed to abide by several orders and did not respond to attempts from the Registry to contact him. Ther Tribunal, therefore, can only conclude that the Applicant is no longer interested in the pursuit and outcome of these legal proceedings, which must therefore be deemed to have been abandoned, and this matter therefore stands to be dismissed for want of prosecution.

Decision Contested or Judgment Appealed

Imposition of the disciplinary measure of separation from service, with compensation in lieu of notice without termination indemnity.

Legal Principle(s)

A principle of procedural law provides that the right to institute and pursue legal proceedings is predicated upon the condition that the person exercising this right has a legitimate interest in initiating and maintaining legal action and that access to the Dispute Tribunal has to be denied to those who are no longer in need of judicial remedy, or no longer interested in the proceedings.

Outcome

Dismissed for want of prosecution/abandonment

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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.

Full Judgment

Applicants/ Appellants

Mukeba wa Mukeba

Entity

MONUSCO

Case Number(s)

UNDT/NY/2019/071

Tribunal

UNDT

Registry Location :

New York