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.
23.The Court notes that the afore-mentioned
out three
conditions,
request made
namely:
Rule 55 in its paragraph
i) the default of one
of the parties;
1 sets
ii) the
by the other party; and iii) the notification to the defaulting
party of both the application and the documents on file.
24. On the default of one of the parties, the Court notes that on 9 May 2017, the
Respondent State had indicated its intention to suspend its participation and
requested the cessation of any transmission of documents
proceedings in the pending
these
requests,
the
relating to the
cases concerning it. The Court notes that, by
Respondent
State
has
voluntarily
refrained
from
asserting its defence.
25. With respect to the other party's request for a judgment in default, the Court
notes that in the instant case it should, in principle, have given a judgment
in default only at the request of the Applicant. However, the Court considers,
that, in view of the proper administration of justice, the decision to rule by
default falls within its judicial discretion.
jurisdiction to render judgment
In any event, the Court shall have
in default suo
motu
if the conditions
laid
down in Rule 55(2) of the Rules are fulfilled
26. Lastly, with regard to the notification of the defaulting party; the Court notes
that the Application was filed on 24 February 2017. The Court further notes
that from 31 March 2017, the date of transmission of the notification of the
Application to the Respondent State to 28 February 2019, the date of the
closure of pleadings, the Registry notified the Respondent State of all the