24. The requirements laid down in Article 90(4) relate to questions of jurisdiction, admissibility and evidence, which must be addressed before the merits of the application can be examined (see the case of MOHAMED EL TAYIB BAH v. REPUBLIC SIERRA LEONE (2015) CCJELR ON PAGE 193). 25. The facts presented to the Court show that the Applicant filed its originating application at the Court Registry on September 2, 2021. The Defendant was duly served on the same day but did not lodge a defense. 26. Pursuant to Article 35 of the Rules of the Court, the Defendant has 30 days from receipt of the application to submit its defense. 27. The Court has no record of any defense up to the date of the hearing of this Application. The situation provided for in Article 90(1) of the Rules of the Court has materialized, so the Applicant's request for the Tribunal to give judgment by default is pertinent. 28. However, when an application is made for judgment by default, it is for the Court, under Article 90(2), to ensure that all the requests made to it fall within its jurisdiction and that the application is admissible. 29. This means that the criteria of jurisdiction and admissibility should be checked before the judgment by default is delivered. 30. The Court notes, however, that the fact that a Applicant seeks judgment by default does not automatically mean that the action will be upheld, with the Applicant winning, since the Court must of its own motion examine questions of jurisdiction, admissibility and evidence before determining the merits of the legal proceedings. (see MOHAMMED EL TAYYIB BAH v. THE REPUBLIC OF SIERRA LEONE (2015) (SUPRA) PAGE 6. | a oa