application of the other party, or on its own motion, enter a decision 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.
16. The Court notes that the above-mentioned Rule 63(1) sets out three conditions
for rendering judgment by default, namely: (i) notification to the defaulting party
of the Application and of the procedural documents; (ii) default by one of the
parties; and (iii) a request made by the other party or by the Court acting on its
own motion.
i.
On the notification of the Application and pleadings
17. With regard to the notification of the Application and the pleadings, the Court
recalls that in the instant case, the Application was served on the Respondent
State on 19 June 2021 and that the latter was given a period of ninety (90)
days to file its Response. The Court therefore considers that the Application
and the pleadings were duly served on the Respondent State.
ii.
On the failure of the Respondent State to file its submissions
18. The Court notes that the Respondent State failed to file its Response to the
Application, despite the reminder sent to it on 29 October 2021. The Court
finds, therefore, that the Respondent State failed in its obligation to defend
itself in the case.
iii.
On the judgment by default or at the request of the Applicant
19. Lastly, the Court notes that the Rules empower it to render judgment by default
either on its own motion or at the request of the other party. In the instant case,
6