b) When an application for an interlocutory injunction to restrain a defendant from doing acts alleged to be violation of the plaintiff's legal right is made upon contested facts, the decision whether or not to grant an interlocutory injunction has to be taken at a time when ex hypothesis, the existence of the right or violation of it or both is uncertain and will remain uncertain until final judgment is given in the action. It was to mitigate the risk of injustice to the Plaintiff during the period the uncertainty could be resolved that the practice arose of granting him relief by way of interlocutory injunction. 48. However the Court emphasized and enjoined the courts to weigh one need against another and determine where the balance of convenience lies. 49. Article 20 of the Protocol of the Court and Article 79 of the Rules of Court provide for the essentials and requirement for the preservation of the Res in the suit filed pending the determination of the substantive matter. It is therefore the strong view of the Court that the protection of rights is no doubt one of those general principles of law common to all legal systems, therefore, the provision of Article 38(1) (c) of the Statute of the International Court of Justice shall apply to the instant case in the consideration of this present application for interlocutory injunction. In the case of Aegean Sea Continental Shelf infra (wherein Greece and Turkey were in dispute) the International Court of Justice held inter alia thus: "The essential object of provisional measures is to ensure that the execution of a future judgment on the merits shall not be frustrated by actions of one party Pendente lite ......... According to general principles of law recognised in municipal systems, and as well - established jurisprudence of this Court, the essential justification for the impatience of a tribunal in granting relief before it has reached a final decision ...is that the action of one party pendente lite causes or threatens a dam_ ge to the rights of the other, of such a nature that it would not be possible fully to restore those rights, or remedy the infringement thereof, simply by a judgment in its favour."

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