2021-UNAT-1116 | SYSTEM OF ADMINISTRATION OF JUSTICE

2021-UNAT-1116, Ashraf Ismail Abed allah Zaqqout

UNAT Held or UNDT Pronouncements

The impugned UNRWA DT Order clearly comes within its competence to issue appropriate case management orders. It did not exceed its competence or jurisdiction in issuing Order No. 123, and Mr. Zaqqout is not prevented from attacking the interlocutory order later if he appeals the final judgment of the UNRWA DT on the merits.

Decision Contested or Judgment Appealed

Order No. 123 (UNRWA/DT/2020), in which UNRWA DT ruled on several procedural motions filed by Mr. Zaqqout.

Legal Principle(s)

Interlocutory appeals in matters of evidence, procedure and trial conduct are not receivable, even when the first instance tribunal makes an error of law, if the issue can be raised later in an appeal against the final judgment on the merits. Interlocutory appeals may be receivable in exceptional cases where the first instance tribunal has clearly exceeded its jurisdiction or competence.

Outcome

Appeal dismissed on receivability

Outcome Extra Text

The interlocutory appeal is not receivable.

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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

Ashraf Ismail Abed allah Zaqqout

Entity

UNRWA

Case Number(s)

2020-1452

Tribunal

UNAT

Registry Location :

New York