In compliance with Article 59 of the Rules of this Court, the Applicant also filed
with the originating Application a motion for expeditious hearing of the suit
(Document 2).
At the expiration of the period allowed by the Rules for the Defendant to enter
appearance and file their defense to the claim, the Defendant failed to file a
defense. Consequently, pursuant to Article 90 of the Rules of this Court, the
Applicant brought an application urging the Court to enter Judgment in default,
in his favour (Doc. N° 3).
For the purpose of clarity, the initiating Application (Doc. N° 1) was filed on the
4th of January 2016, accompanied by the Motion for Expedited Procedure (Doc.
N° 2). The Motion for Judgment in Default was subsequently filed on the 18th of
February, 2016 after the expiration of the period of one Month after the service
of the Application on the Defendant as required by Article 35 of the Rules of this
Court.
6. DEFENDANT’S CASE.
As earlier noted, the Defendant neither entered appearance nor entered
a defense within the period required by the Rules for them to do so.
Consequently, the Defendant filed a Motion seeking the order of this
Court for the extension of time to file a Memorandum of Conditional
Appearance and Statement of Defense as well as Preliminary Objection
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