22. In American Cyanamid vs. Ethicon Ltd (supra), the objective of
interlocutory reliefs was aptly stated as follows (Lord Diplock):
“The object of the interlocutory injunction is to protect the
plaintiff against injury by violation of his right for which he
could not be adequately compensated in damages recoverable
in the action if the uncertainty were resolved in his favour at
the trial; but the plaintiff’s need for such protection must be
weighed against the corresponding need of the defendant to
be protected against injury resulting from his having been
prevented from exercising his own legal rights for which he
could not be adequately compensated under the plaintiff’s
undertaking in damages if the uncertainty were resolved in
the defendant’s favour at trial. The court must weigh one
need against another and determine where ‘the balance of
convenience’ lies.”
23. In the present Application, the Applicant sought to protect the rights
of the Burundian and greater EAC region citizenry from the violation
of its right to peace, security and stability, as well as good governance,
democracy and the rule of law.
These rights were depicted in
paragraph V of the Application and canvassed in the Applicant’s
submissions.
Indeed, they are also re-echoed in the Prayers in
paragraph 52(b) of Reference No. 2 of 2015. On the other hand, we
understood it to be the First Respondent’s case that the Republic of
Burundi enjoys the right to conduct its Presidential and Senatorial
Elections as provided by the country’s Constitution. This is reflected in
Reference No. 5 of 2015
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