9 The Defendant refused and /or neglected to lodge a defense or enter appearance if it intended to defend the suit. The Applicant filed a motion for default judgment on the 29th of November, 2013. The same motion was served on the defendant on the 6th day of December 2013. The Applicant moved his motion for default judgment on the 13th day of March, 2015 and till date the Defendant neither filed any answer to the motion or the substantive suit. The Court will have no choice than to grant the Application of the Applicant. Accordingly, the Court rules that the Applicant has complied with the provisions of Article 90 (i) of the rules of this Court. This is more so in view of the fact that the process was served on the Defendant as required by Article 90 (2). Based on the circumstances of the case, the Court rules that the documentary evidence available in this suit, coupled with the refusal of the Defendant to file any defence, makes the opening of oral application on the suit unnecessary in accordance with Article 90 (3) of the rules. Similarly, there will be no need to order for a preparatory inquiry. The crux of these requirements for a successful application for default judgment is Article 90 (4) of the rules. The Court is enjoined before giving judgment in default to consider: a- Whether the application initiating the proceedings is admissible b- Whether the appropriate formalities have been complied with and c- Whether the application appears well founded. In this direction, the Court holds that the application satisfies conditions (a) and (b) as it was appropriately brought and commenced through required procedure and all the formalities for admissibility were satisfied. As for third condition, which is to determine whether the application is a well-founded, it is necessary to review the substance thereof. The Application alleges the violation of his right to fair hearing as provided for by Article 7 of the African Charter on Human and People’s Rights to which the Defendant is a party. Article 7 of the said Charter provides as follows: