����AV

The Tribunal found that, in the present case, there is no dispute that the decision was unilaterally made by the administration and that it involved the exercise of a power or the performance of a statutory instrument. The dispute is on whether the decision adversely affected the rights of the Applicant and produced direct legal consequences.

The Tribunal found that the Applicant’s argument that “UNOPS not only decided to charge [him], but also to maintain him in an indefinite status of “charged person,” leaving him indeterminately prosecuted; since as—at the time of the Application—he had...

The establishment of the fact-finding panel, as statutorily required, renders the application moot.

The Tribunal reiterated a general principle of procedural law that the right to institute legal proceedings is based on a legitimate interest in initiating and maintaining legal action. Access to the court is denied to those who are obviously no longer interested in the proceedings they once instituted. This applies to the Applicant who did not respond to any of the Tribunal’s requests.

The ends of justice are not served but its processes stultified by requiring that an Applicant who had obtained judgment in his/her favour should seek management evaluation for enforcement or execution of the said judgment. An Applicant who refused to accept a cheque made out to her/him in time in fulfilment of a judgment sum cannot turn around to seek payment of interest on the said judgment sum on the grounds of delay. Having found that the monies awarded to the Applicant have been duly paid, the Tribunal rejects the Application in its entirety.

The Applicant missed the 90-day deadline to file the application which is, therefore, time-barred.