“the first formality that must be observed throughout the process has to do with the adversary principle which aims at notifying the defendant that an application has been filed against him/her at the court and offering him/her the opportunity to defend” 34.In the instant case, the initiating application was filed at the Registry of the Court on the 14th of December 2016. On the 16th of December 2016, the Defendant was duly served with the initiating application. Having failed to file a response the Applicant filed an Application for Default Judgment, which was equally served on the Respondent. The Court therefore holds that all appropriate formalities have been complied with. On whether the Application is well founded 35.Regarding this requirement, the Court must consider the sufficiency of the facts adduced by the Applicant to ground the default judgment. To ground a wellfounded application, the Court must come to a conclusion that the facts are sufficient to support the claims against the Respondent State. This principle was reflected in the case of Vision Kam Jay Investment Limited v President of ECOWAS Commission, when the Court stated that, “…entering judgment is not a matter of course. The Court must examine the totality of the evidence provided by the plaintiff to determine whether there is a cause of action and if the claim has been satisfactorily proved” 36.Similarly, in Mohammed El Tayyib Vs Republic of Sierra Leone, the Court held: “However, the granting of the application for default judgment against the Defendant does not automatically mean entering judgment on the substantive suit in favour of the Applicant. The court must 13