viii.
Order
the
Respondent
Hundred Thousand
State
Rwandan
to pay
him
an
amount
Francs (500,000 RWF)
of
Five
as lawyers'
fees and legal costs.
19. The Respondent State did not participate in the proceedings before this
Court. Therefore, it did not make any prayers in the instant case.
V.
NON APPEARANCE
OF THE RESPONDENT STATE
20. Rule 55 of the Rules provides that:
1.
Whenever
a party does
not appear before the Court or fails to
defend its case, the Court may, on the application of the other party,
pass judgment in default after it has satisfied itself that the defaulting
party
has
been
duly
served
with
the
application
and
all other
documents pertinent to the proceedings.
2.
Before acceding to the application of the party before it, the Court
shall satisfy itself that it has jurisdiction
in the case and that the
application is admissible and well founded in fact and in law.
21. The Court notes that the above mentioned Rule 55 of the Rules sets out
three conditions, namely:
i)
failure to appear or defend the case by one of the parties,
ii)
a request made by the other party and
iii)
the notification to the defaulting party of both the application and
the documents on file.
22.On the default of one of the parties, the Court notes that on 9 May 2017,
the
Respondent
participation
documents
and
State
had
requested
indicated
the
its
cessation
intention
of
any
to
suspend
its
transmission
of
relating to the proceedings in the pending cases concerning
it. The Court notes that, by these requests, the Respondent State has
voluntarily refrained from asserting its defence.