injunction before the court would grant an interim injunction has been removed.” We agree with this more progressive approach and will invoke these principles in determining the present Motion. 19. Before examining whether the Applicant’s Motion meets the abovementioned conditions, we wish to point out, as regards the question of jurisdiction raised by Counsel for the Respondent, that at this stage of the proceedings, the Court will not address this matter which is one of the issues for determination in the Reference. But suffice it to say that as long as a party moves the Court asking for the interpretation of the Treaty in order to determine whether or not, an act, regulation, directive, decision or action of a Partner State is unlawful or is an infringement of the provisions of the Treaty, the Court cannot refrain from fulfilling its mandate as provided by Article 30 (1) as read together with Articles 23 (1) and 27(1) of the Treaty. 20. In the instant Application, the Applicant injunction orders restraining and prohibiting seeks the Government of Burundi from undertaking actions which amount to encroachment of his land property. His rights to that land have been confirmed by a land title duly issued by the Registrar of Land Tiles of Burundi. This position, however, is denied strongly by Counsel for the Respondent who alleges that the Applicant has no right to 9