40. Regarding therefore the question at issue, we are of the opinion that, since the Applicant has not disclosed any cause of action against the Respondent, there is no legal ground for the instant Reference and for this reason, violation of Articles 6(d) and 7(2) of the Treaty cannot arise. Issue No.2: Whether the Reference is time-barred Having found above that the Reference does not disclose any cause of action, and the latter matter being a point of law that can dispose of the entire Reference, it would be a futile exercise to entertain the issue of time-bar since it cannot arise while the Reference is no longer alive on substance. Issue No.3: Whether the Applicant is entitled to orders sought 41. The Applicant seeks the following declarations and orders: (a) A declaration that the refusal by the Respondent to pay damages to the Applicant is an infringement of Articles 6(d) and 7(2) of the Treaty; (b) A declaration that the Applicant has a full right to enjoy his vested interests without any prior conditions; (c) An order that the Applicant be paid the amount of BIF 1,720,516,000.00 by the Respondent; (d) Costs of this Reference to be paid by the Respondent. 42. Counsel for the Applicant submitted that the “Respondent, by a pure abuse of authority, refused to abide by its own national laws of Civil Procedure, and decided to engage by force the Applicant in an unlawful procedure of appeal instead of REFERENCE No. 2 OF 2013 Page 13

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