6
However, the granting of the application for default judgment against the Defendant
does not automatically mean entering judgment on the substantive suit in favour of the
Applicant. The Court must consider issues of competence, admissibility and proof
before determining the case on its merit.
.
4- THE WEIGHT OF EVIDENCE ADDUCED BY THE PLAINTIFF
As earlier noted in considering the merits of the case, it is necessary to evaluate the
evidence adduced by the Applicant so as to determine whether it is sufficient to ground
a decision of this Court in his favour.
However, it is appropriate at this stage to recapitulate the facts and circumstances of
the cause of action before this Court, namely:
(i)- The Applicant was dismissed by the Agents of the Defendant’s from her Police
Force on grounds of insubordination and membership of the Rebel group, the
Revolutionary United Front (RUF).
(ii) The Applicant complains that he was not heard before the decision to dismiss him
from the Police Force of the Defendant was made.
(iii) The Applicant contested his dismissal before the Police Authorities, which set up
an investigative Panel, who found that there was no basis for the dismissal of the
Applicant. But the Defendants still refused to reinstate him or pay his entitlements.
(iv) The Applicant further made representations to the Agents of the Defendants
through the Ombudsman following the decision in (iii) above that the dismissal did
not follow due process.
(v) In answer to the Omubdsman’s inquiry, the Minister of Internal Affairs of the
Defendant stated that “there was no justifiable ground to reverse the decision
dismissing Mr. Mohammed Bah El Tayibb from the Police Force”.