ii.
Review Judgment RADA0015/13/CS, ruling No. RS/REV/AD 0003/15/CS of which
dismissed
Judgments
the
and
request for review,
the dismissal
and
decision
annul
contained
/1385/10/DIR-DRH/k.h of 13 April 2010; and
status quo ante
in letter Ref:
taken,
No.
i.e. the
11.07.025
hence order that things return to the
and thus order his reinstatement in service as stated in paragraph
28 of RADO124/07/HC/KIG;
ili.
all the decisions
order the payment of his wages as if | had not been
dismissed in the same manner as in paragraph 30 of Judgment RADAO006/12/CS;
| Order the payment of damages for the defamation contained in the letter Ref. No.
11.07.025/1385/10/DIR-DRH/k.h of 13/04/2010 and for the fact of failing to me a
certificate for the services rendered;
iv.
Order the payment of other damages representing the cost of the proceedings and
the suffering endured;
v.
Order interim measures for the protection of the family in danger;
vi.
Order any other measure in accordance with the law...?
18. The Respondent State did not participate in the proceedings before the Court in
the present case. It therefore made no submission in this regard.
Vv.
NON APPEARANCE
OF THE RESPONDENT STATE
19. 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.”
20.
The Court notes that the afore-mentioned Rule 55 in its paragraph 1 sets out three
conditions, namely: i) the default of one of the parties; ii) the request made by the
other party; and iii) the notification to the defaulting party of both the application
and the documents on file.
? Reproduced in extenso from the Applicant's submissions
6