11. On the other hand, the case of American Cyanamid vs. Ethicon Ltd (1975) AC 396 underscored the need for a court considering an application for temporary relief to be satisfied that the claim was not frivolous or vexatious but, rather, presented a serious question to be tried; without necessarily delving into the determination of a prima facie case, an exercise that could entail the resolution of questions of law and/or fact upon which the substantive suit hinges. This position is reflected in Halsbury’s Laws of England, Vol. 11 (2009), 5th Edition, para. 385, and was cited with approval by this Court in the case of Mbidde Foundation & Another vs. Secretary General of the East African Community & Another Consolidated Application No. 5 & 10 of 2014. 12. In the present Application, it was strongly argued for the Applicant that the Constitutional Court of Burundi misinterpreted the Constitution of Burundi, as well as the Arusha Peace Agreement and, therefore, the Second Respondent’s acceptance of Mr. Nkurunziza’s nomination as a Presidential Candidate on the basis of the erroneous court interpretation was in contravention of the said legal instruments. It was posited that, to the extent that Mr. Nkurunziza’s nomination thus contravened the prevailing legal regime in Burundi, it contravened Articles 5(3)(f), 6(d), 7(2), 8(1)(a) and (c), and 8(5) of the Treaty. We understood Mr. Deya to advance two (2) positions; first, that the decision of the Constitutional Court was itself in issue within the precincts of Article 30(1) of the Treaty and, secondly, he equated the said court decision to an ‘action’ attributable to the First Respondent within Reference No. 5 of 2015 Page 8