IV.
PRAYERS OF THE PARTIES
11. The Applicants pray the Court to declare that the Internet shutdown during the
April 2019 legislative elections in the Respondent State constitutes a human
rights violation.
12. The Respondent State did not file any submissions on the merits.
V.
ON DEFAULT BY THE RESPONDENT STATE
13. Rule 63(1) of the Rules provides:
Whenever a party does not appear before the Court, or fails to defend its
case within the period prescribed by the Court, the Court may, on the
Application of the other party, or on its own motion, enter 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.
14. The Court notes that the above-mentioned Rule 63(1) sets out three conditions
for a judgment by default, namely: (i) notification of the Application and the
pleadings to the defaulting Party ; (ii) default by one of the parties; and (iii) a
request made by the other party or the Court acting on its own motion.
15. With regard to the notification of the Application and the pleadings to the
defaulting Party, the Court recalls that the Application herein was served on
the Respondent State on 28 September 2021, with a request to file its
observations within ninety (90) days. The Court, therefore, finds that the
Application was duly served on the Respondent State.
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