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2022-UNAT-1273

2022-UNAT-1273, Mathieu Mukeba wa Mukeba

UNAT Held or UNDT Pronouncements

Mr. Mukeba's application for revision did not fulfil the strict and exceptional criteria established by Article 11 of the Statute.

Decision Contested or Judgment/Order Appealed

Mr. Mukeba appealed Judgment No. UNDT/2020/103, by which the UNDT dismissed his challenge of the imposition of the disciplinary measure of separation from service for want of prosecution. By Judgment No. 2021-UNAT-1080, UNAT dismissed Mr. Mukeba's appeal.

Legal Principle(s)

An applicant must show or identify a decisive fact that at the time of the Appeals Tribunal Judgment was unknown to both the Appeals Tribunal and the party applying for revision; that such ignorance was not due to the negligence of the applicant; and that the facts identified would have been decisive in reaching the decision. Any application which, in fact, seeks a review of a final judgment rendered by the Appeals Tribunal can, irrespective of its title, only succeed if it fulfils the strict and exceptional criteria established by Article 11 of the Statute of the Appeals Tribunal.

Outcome
Revision, correction, interpretation or execution
Outcome Extra Text

The application for revision of Judgment No. 2021-UNAT-1080 is dismissed.

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 UNDT Statute and Article 11(3) of the UNAT 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.

Applicants/Appellants
Mathieu Mukeba wa Mukeba
Case Number(s)
Tribunal
Registry :
Date of Judgement
Judge(s)
Language of Judgment
Issuance Type