Court Cases
A) Salient features of courts cases involving AFRINIC
Application set-asideSee Order
| SN | Date | Case Name & Cause Number | Nature of Case | Status | Remark |
|---|---|---|---|---|---|
| 1 | 2020 Jun 12 | Afri Holdings Ltd & Others vs AFRINIC SC/COM/WRT/000295/2020 |
Application for an injunction (Not granted) |
Completed | Application has been set-aside with Costs following Applicants’ motion for withdrawal of their application on 15 June 2023 See Order |
| 2 | 2021 Feb 05 | LogicWeb Inc vs AFRINIC SC/COM/WRT/000082/2021 |
Application for injunction (Not granted) |
Completed |
Application set-aside with Costs following Applicant’s motion for withdrawal on 04 Oct 2021 |
| 3 | 2021 Mar 24 | Cloud Innovation Ltd vs AFRINIC SC/COM/WRT/000168/2021 |
Application for injunction (Granted) |
Judgment delivered in favour of AFRINIC on 07 July 2021 |
Subject to the outcome of an appeal in the case (S.C.R. No. 5C/30/21) |
| 4 | 2021 May 24 | Cloud Innovation Ltd vs AFRINIC i.p.o Registrar of Companies SC/COM/PET/000275/2021 |
Petition seeking an amendment to AFRINIC’s members’ register and financial compensation of USD 1.8B |
The matter is resisted and ongoing | Matter awaiting to be fixed for hearing. |
| 5 | 2021 Jun 25 | Cloud Innovation Ltd vs AFRINIC SC/COM/MOT/000382/2021 |
Application for injunction – ref Resource Transfer Policy (Not granted) |
Completed | The applicant withdrew its application on 06 January 2022 |
| 6 | 2021 Jul 09 | Cloud Innovation Ltd vs AFRINIC SC/COM/JICA/000413/2021 |
Application for stay of execution of judgment | Completed | The application was set aside on 12 July 2021 |
| 7 | 2021 Jul 10 | Cloud Innovation Ltd vs AFRINIC SN 1030/2021 |
Application for injunction | Completed | The application was set aside on 11 July 2021 |
| 8 | 2021 Jul 13 | Cloud Innovation Ltd vs AFRINIC SN 1040/21 |
Application for injunction | Completed | On 15 July 2021, AFRINIC, following the statement made by CIL for seeking an early hearing of its appeal, provided an undertaking to comply with the terms of the Interim Order pending determination of the Appeal. Accordingly, the application was set aside. |
| 9 | 2021 Jul 13 | Cloud Innovation Ltd vs AFRINIC S.C.R. No. 5C/30/21 |
Appeal against the judgment delivered on 07 July 2021 | Completed | Cloud Innovation Ltd's appeal has been set-aside with costs. See Judgment |
| 10 | 2021 Jul 20 | Cloud Innovation vs AFRINIC | Application for stay of execution of judgment delivered in the case SC/COM/WRT/000168/2021, pending appeal pursuant to section 6 of the Court of Civil Appeal Appeal Act. | Completed | Cloud Innovation withdrew its application on 26 July 2021 |
| 11 | 2021 Jul 23 | Cloud Innovation Ltd vs AFRINIC i.p.o MCB & SBM SC/COM/JICA/000465/2021 |
Application for Provisional Authorisation to Attach Order. (Granted) |
Completed | The application was declared null and void on 15 October 2021. See Notice |
| 12 | 2021 Jul 26 | AFRINIC vs Cloud Innovation Ltd i.p.o MCB & SBM SC/COM/JICA/000471/2021 |
Application to vary the terms of the Provisional Authorisation to Attach Order | Arguments on the bill of costs on 9 November 2022 | The application was set aside on 13 August 2021 |
| 13 | 2021 Jul 27 | Cloud Innovation Ltd vs AFRINIC i.p.o MCB & SBM SC/COM/JICA/000476/2021 |
Application to make good and valid the Provisional Authorisation to Attach Order | Completed | The application was set aside on 15 October 2021. See Order |
| 14 | 2021 Aug 03 | Cloud Innovation Ltd vs AFRINIC & Ors SCR 1/212/21 |
Claim for defamation for USD 80,000,000/- | The matter is resisted and ongoing | |
| 15 | 2021 Aug 03 | Cloud Innovation Ltd vs AFRINIC & Ors SCR 122087 – (5A/194/21) |
Contempt proceedings | The matter is resisted and ongoing | |
| 16 | 2021 Aug19 | AFRINIC vs Cloud Innovation Ltd IPO SBM and MCB SC/COM/JICA/000536/2021 |
Application for ‘main-levee/ cantonnement’ of the sum attached wrt the Provisional Authorisation to Attach Order | Completed |
Application set-aside on 15 October 2021 |
| 17 | 2021 Sep 03 | Cloud Innovation Ltd vs AFRINIC SC/COM/JICA/000579/2021 |
Application for the “saisi conservatoire commerciale” of all of the 6.9 million Ipv4 unused addresses presently held by AFRINIC | Completed | Application set-aside on 07 September 2021. See Order |
| 18 | 2021 Sep 03 | Cloud Innovation vs AFRINIC SN 1378/2021 |
Application for Injunction | Completed |
By letter dated 03 Sept 2021, Cloud Innovation withdrew its application. |
| 19 | 2021 Sep 06 | Cloud Innovation Ltd vs AFRINIC SN 1382/2021 |
Application for injunction (Not granted) |
The matter is resisted and ongoing | |
| 20 | 2021 Oct | Cloud Innovation Ltd vs Afrinic SC/COM/JICA/000729/2021 |
Application for stay of execution of judgment | Completed | The application was set aside on 22 October 2021 |
| 21 | 2021 Oct 21 | Logic Web Inc vs AFRINIC SC/COM/WRT/000705/2021 |
Application for injunction (Not granted) |
The matter is resisted and ongoing | |
| 22 | 2021 Oct | Cloud Innovation Ltd vs AFRINIC SC/COM/JICA/000681/2021 |
Application to provisionally attach in the garnishees allmonies in the name of AFRINIC up to the sum of USD 10 Million with the caveat that AFRINIC be allowed to make monthly withdrawals of the sum of USD 100,000 to meet its vital expenses | Completed | The application was set aside on 18 October 2021 |
| 23 | 2021 Oct 21 | Cloud Innovation Ltd vs AFRINIC 5921/21 |
Appeal against the judgment setting aside the Provisional Authorisation to Attach Order dated 15 October 2021 | The matter is resisted and ongoing | |
| 24 | 2021 Oct 26 | Cloud Innovation Ltd vs AFRINIC SCR 1679(6B/37/21) |
Application for staying the judgment of her Ladyship V.Kwok Yin Sion Yen, Puisne Judge, then sitting at chambers, delivered in case SC/COM/WRT/000476/2021 on the 15 October 2021, pending the determination of the appeal which the Applicant has filed. | Completed | On 25 November 2021, the Applicant withdrew its application. |
| 25 | On or about 26 Oct 2021 | Cloud Innovation Ltd vs AFRINIC ipo Ors SCR 1678(6B/36/21) |
Appeal against the refusal to grant a new Provisional Authorisation to Attach Order. | Completed | The application was withdrawn on 06 December 2021 |
| 26 | 2021 Nov 03 | AFRICA ON CLOUD (PTY) LTD vs AFRINIC SC/COM/PET/000769/2021 |
Petition to wind-up AFRINIC under the Insolvency Act. | Completed | The application was set aside on 21 September |
| 27 | 2021 Nov 08 | City of Cape Town vs AFRINIC & Ors SC/COM/JICA/000781/21 |
Application to intervene in the case SC/COM/JICA/000295/20 |
Completed | The city of Cape Town's application for intervention has been granted |
| 28 | 2021 Nov 12 | Cloud Innovation Ltd vs AFRINIC MA 239/2021 |
Application for injunction (foreign proceedings) |
Granted in Seychelles but not yet recognised in Mauritius | |
| 29 | 2021 Dec 03 | Cloud Innovation Ltd vs AFRINIC SN 1947/2021 |
Application for injunction (Granted) |
The matter is resisted and ongoing | Interlocutory Judgement |
| 30 | 2021 Nov 03 (service effected on 20 Dec 2021) | Cloud Innovation Ltd vs AFRINIC 103/2021 (Supreme Court of Seychelles) |
Application for a perpetual injunction. (foreign proceedings) |
Completed | Application set-aside See judgment |
| 31 | 2021 Nov | Cloud Innovation Ltd vs AFRINIC SN 1894/2021 |
Application for Injunction | Completed | The application was set aside on 29 November 2021 |
| 32 | 2021 Dec | Cloud Innovation Ltd vs AFRINIC SN 1928/2021 |
Application for Injunction | Completed | The application was set aside on 01 December 2021 |
| 33 | Service effected on 20 Dec 2021 | Cloud Innovation Ltd vs AFRINIC 5A/285/21 |
Contempt Proceedings |
Matter is resisted and ongoing |
|
| 34 | Service effected on 21 Dec 2021 | Logic Web Inc vs AFRINIC | Application for a perpetual injunction | Matter is resisted and ongoing | |
| 35 | 2022 Jan 12 | Cloud Innovation vs AFRINIC & Ors | Contempt proceedings | Matter is resisted and ongoing | |
| 36 | 2022 April 14 | Cloud Innovation vs AFRINIC SC/COM/PWS/000226/2022 |
Plaint with Summons | Matter is resisted and ongoing | |
| 37 | 2022 May 16 | Larus Cloud Service Ltd v Afrinic & Anor SC/COM/MOT/000334/2022 |
Application for an injunction (Granted) | Completed | The application was set aside on 12 September 2023 |
| 38 | 2022 May 16 | Larus Cloud Service Ltd v Afrinic & Anor SC/COM/MOT/000335/2022 |
Petition | Completed | The application was set aside on 04 October 2023 |
| 39 | 2022 May 26 | Cloud Innovation Ltd v Afrinic & Anor SC/COM/PWS/000358/2022 |
Plaint with Summons | Matter is resisted and ongoing | |
| 40 | 2022 Jun 15 | Africa on Cloud (PTY) Ltd v Afrinic SC/COM/WRT/000418/2022 |
Application for injunction (Granted) |
Matter is resisted and ongoing | |
| 41 | 2022 Jun 30 | Crystal Web (Pty) Ltd v Afrinic SC/COM/WRT/000454/2022 (Interim Order) |
Application for injunction (Granted) |
Matter is resisted and ongoing | |
| 42 | 2022 Jul 05 |
Crystal Web (Pty) Ltd |
An application under Section 136 of the Companies Act 2001 | The matter is ongoing | |
| 43 | 2022 July 06 | Kayihura Mabano Eddy vs Crystal Web (PTY) Ltd i.p.o AFRINIC SC/COM/WRT/000468/2022 |
Application to discharge | The matter is ongoing | |
| 44 | 2022 Jul 18 | Eddy Kayihura v AFRINIC SC/COM/MOT/000500/2022 |
An application under section 136 of the Companies Act 2001 | The matter is ongoing |
|
| 45 | 2022 Jul 29 | Crystal Web (Pty) Ltd v AFRINIC & Anor SC/COM/WRT/000509/2022 |
An application under Rule 38(5) of the Supreme Court Rules and 806 of the Code of Procedure Civil | Completed |
Application set-aside |
| 46 | Service effected on 18 August 2022 |
Crystal Web (Pty) Ltd v AFRINIC & Ors SC/COM/PWS/000596/2022 |
Plaint with summons | Completed |
Application set-aside |
| 47 | Service effected on 19 August 2022 | Larus Cloud Service Ltd v AFRINIC & Anor SC/COM/JICA/000572/2022 |
Application for intervening in the case SC/COM/MOT/000500/2022 | Completed |
Application set-aside |
| 48 | Service effected on 24 August 2022 | Logic Web Inc v AFRINIC | Plaint with Summons | Matter is resisted and ongoing | |
| 49 | Service effected on 12 Sept 2022 | Larus Cloud Service Ltd v AFRINIC SC/COM/PWS/000678/202 |
Plaint with Summons | Matter is resisted and ongoing | |
| 50 | 13 Oct 2022 | Crystal Web (Pty) Ltd v Eddy Kayihura | Contempt proceedings |
The matter is resisted and ongoing | |
| 51 | Nov 2022 |
ALMADA Silvio CABRAL vs AFRINIC SC/COM/MOT/000881/2022 |
Application under section 136 of the Companies Act 2001 |
Completed | Application set-aside See Order |
| 52 | Nov 2022 | B. Eshun vs AFRINIC SC/COM/MOT/000882/2022 |
Application under section 136 of the Companies Act 2001 | Completed | Application set-aside See Order |
| 53 | January 2023 | Larus Cloud Service Ltd vs AFRINIC SC/COM/WRT/000056/2023 |
Application for injunction (Granted) |
The matter is resisted and resisted and ongoing |
|
| 54 | March 2023 | Cloud Innovation Ltd vs AFRINIC SC/COM/MOT/000156/2023 |
Application for appointment of receiver |
Completed |
|
| 55 | April 2023 | Silvio Almada v Afrinic & Ors SC/COM/MOT/000265/2023 |
Application under section 176 of the Companies Act 2001 | The matter is ongoing | |
| 56 | 28 September 2023 |
AFRINIC v Cloud Innovation Ltd ipo the Official Receiver SCR No1808 6B/65/2023 |
Appeal against Supreme Court judgment dated 12/09/2023 | The matter is ongoing | |
| 57 | 02 October 2023 | Cloud Innovation Ltd v AFRINIC ipo The Official Receiver | Appeal against an order of Hon Ag Master and Registrar dated 28/09/2023 | The matter is ongoing | |
| 58 | 04 October 2023 |
Cloud Innonvation v Benjamin Eshun and Viv Padayatchy ipo AFRINIC SC/COM/WRT/000762/2023 |
Application for interim order (Granted) |
Completed | Discharged |
| 59 | 13 October 2023 |
Benjamin Eshun v Cloud Innovation Ltd ipo AFRINIC SCR No 1813 (6B/70/23) |
Application for discharge against the Order of the Ag Deputy Master and Registrar dated 2 October 2023 and the Interim Order dated 4 October 2023 (Granted) |
Completed | See Order |
