5 him has not violated the Plaintiff’s human right to fair hearing guaranteed by Article 7 of the African Charter of Human and People’s Rights. In his argument, Counsel to the Applicant submitted that by Art 7 (I) of the African Charter on Human and People’s Rights, every individual shall have the right to have his cause heard. He further stated that this Court has in a long line of cases upheld the right to fair hearing as a fundamental principle of Law (see Ugokwe V. Okeke (2008) / CCj L.R (P7 1) 149 especially at 164. He also referred the Court to its decision in Manneh V Republic of Gambia (2009) and submitted that the dismissal of the Applicant by the Defendant without affording him the opportunity of being heard is illegal, null and void, having been taken in violation of Article 7 of the African Charter on Human and People’s Rights. He further contended that the Applicant is a Community citizen and that where an act of a member state violates his right, he is entitled to be heard by this Court. Furthermore, that where an act amounts to the violation of the rights of the Applicant, the Court is empowered to make a consequential order. He concluded by urging the Court to grant the reliefs sought by the Applicant. Following the close of pleadings, the Defendant did not take any action in defence of the claim against her by the Applicant. Pursuant to Article 91 of the Rules of this Court, the Applicant brought a motion on notice seeking for an order of the Honourable Court entering default judgment against the Defendant. The application was supported by a six paragraphs affidavit as well as an eleven paragraphs affidavit of urgency enlisting facts why the motion should be granted. There was no counter affidavit in contradiction of the depositions. Accordingly, by law, any uncontroverted evidence is presumed to have been established and the Court so holds. The motion on notice of the Applicant seeking the Court to enter default judgment in his favour is hereby granted as prayed.