and all other documents pertinent to the proceedings; and iii) the request
made by the other Party or the discretion of the Court.1
18. In the instant case, the Application was served on the Respondent State as
earlier stated. However, the Respondent State neither appeared nor filed
any response, even after being reminded to do so as recounted above. The
Court, therefore, finds that the Respondent State chose not to exercise its
right to defence.
19. With respect to the second condition, the Court notes that, on 8 March 2023,
the Application and all supporting documents were served on the
Respondent State, and it was requested to file its Response within 45 days
thereto. The Respondent State was further notified that the Court would
render a judgment in default if it failed to file its Response within an
additional period of 45 days, which elapsed on 24 April 2023. The
Respondent State still did not file its Response. The Court thus concludes
that the defaulting Party, that is, the Respondent State, was duly notified.
20. Lastly, the Court notes that in the present case, the Applicant did not file
any request for a judgment in default. However, as Rule 63(1) permits, the
Court may do so suo motu. In this regard, the Court considers that, as it has
previously held, it may render a judgment in default where the interests of
justice require it to do so.2 The Court decides to do so in the present
Application.
21. Based on the foregoing, the Court finds that all requirements under Rule 63
are met, and proceeds to render the present Judgment in default.
1
Leon Mugesera v. Republic of Rwanda (judgment) (27 November 2020) 4 AfCLR 834, §§ 13-18; Fidele
Mulindahabi v. Rwanda (merits and reparations) (26 June 2020) 4 AfCLR 291, § 22; See African
Commission on Human and Peoples’ Rights v. Libya (merits) (3 June 2016) 1 AfCLR 153, §§ 38-42.
2 Mugesera v. Rwanda, ibid; Mulindahabi v. Rwanda, ibid; African Commission on Human and Peoples’
Rights v. Libya, ibid.
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