one month of service on him of the initiating application. The Defendant has however failed, refused and or neglected to put up a defence. 16.In compliance with Article 90 of the Rules, the Plaintiff on the 18 th of October, 2019 filed at the Registry of the Court its application for default judgment. Again, the Defendant though duly served with the application on the 24th October 2018 failed to put up a response. 17.In the absence of compliance by the Defendant with the procedure, the Court is entitled to reach a default decision. In so doing, the Court will be guided by the provisions of the Rules to determine whether or not the case of the Plaintiff meets the criteria for judgment to be entered in default. 18. Article 35 of the Rules provides that: “Within one month after service on him of the Application, the defendant shall lodge a defence…” 19.Article 90 (1) of the Rules provides: “If a defendant on whom an application initiating proceedings has been duly served fails to lodge a defence to the application in the proper form within the time prescribed, the applicant may apply for judgment in default.” 20.Article 90 (4) further provides that: “Before giving judgment by default, the Court shall, after considering the circumstances of case, consider: Whether the initiating application initiating the proceedings is admissible; whether the appropriate formalities have been complied with; and whether the application appears well founded”. 9