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List of Court Cases involving AFRINIC

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List of Court Cases involving AFRINIC

 

A) Salient features of courts cases involving AFRINIC

  

SNDateCase Name & Cause NumberNature of CaseStatusRemark
1 2020 Jun 12 Afri Holdings Ltd & Others vs AFRINIC

SC/COM/WRT/000295/2020
Application for an injunction
(Not granted)
The matter is resisted and ongoing Awaiting to be fixed for Hearing
2 2021 Feb 05 LogicWeb Inc vs AFRINIC

SC/COM/WRT/000082/2021
Application for an 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 in the sum of USD 1.8B
 The matter is resisted and ongoing Hearing (Argument) on 27 July 2022
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 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
11 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 5 July 2022 The application was set aside on 13 August 2021
12 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 Application set-aside on 15 October 2021
13 2021 Aug 03  Cloud Innovation Ltd vs AFRINIC & Ors 

SCR 1/212/21
 Claim for defamation in the sum of USD 80,000,000/-   The matter is resisted and ongoing Arguments (on Security for Costs) on the 13 July 2022
14 2021 Aug 03 Cloud Innovation Ltd vs AFRINIC & Ors 

SCR 122087 – (5A/194/21)  
 Contempt proceedings  The matter is resisted and ongoing Mention 25 July 2022
15 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
16 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
17 2021 Sep 06  Cloud Innovation Ltd vs AFRINIC

SN 1382/2021
Application for injunction
(Not granted) 
 The matter is resisted and ongoing Ruling reserved
18 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
19 2021 Oct 21  Logic Web Inc vs AFRINIC 

SC/COM/WRT/000705/2021
Application for injunction
(Not granted)
The matter is resisted and ongoing  Mention 29 June 2022
20 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
21 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 Hearing (Merits) on 16 January 2023
22 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.
23 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
24 2021 Nov 03 AFRICA ON CLOUD (PTY) LTD vs AFRINIC 

SC/COM/PET/000769/2021
Petition to wind-up AFRINIC under the Insolvency Act. The matter is resisted and ongoing Argument (Security for Costs) on 24 November 2022
25 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
26 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
27 2021 Dec 03 Cloud Innovation Ltd vs AFRINIC 

SN 1947/2021
Application for injunction
(Granted)
The matter is resisted and ongoing Mention on 19 July 2022
28 2021 Nov 03 (service effected on 20 Dec 2021) Cloud Innovation Ltd vs AFRINICCS 103/2021

(Supreme Court of Seychelles)
Application for a perpetual injunction.
(foreign proceedings)
Matter is resisted The Legal Team is following the matter in Seychelles
29 2021 Nov Cloud Innovation Ltd vs Afrinic SN 1894/2021  Application for Injunction Completed The application was set aside on 29 November 2021
30 2021 Dec Cloud Innovation Ltd vs AFRINIC SN 1928/2021 Application for Injunction Completed The application was set aside on 01 December 2021
31 Service effect on 20 Dec 2021 Cloud Innovation Ltd vs AFRINIC

5A/285/21
Contempt Proceedings Matter is resisted Mention 25 July 2022
32 Service effected on 21 Dec 2021 Logic Web Inc vs AFRINIC Application for a perpetual injunction Matter is resisted Awaiting to be fixed for Hearing (Security for Costs)
33 2022 Jan 12 Cloud Innovation vs AFRINIC & Ors  Contempt proceedings Matter is resisted Mention 25 July 2022
34 2022 April 14 Cloud Innovation vs AFRINIC

SC/COM/PWS/000226/2022
Plaint with Summons Matter is resisted Legal services have been retained. The matter is being followed by Attorney
35 2022 May 16 Larus Cloud Service Ltd v Afrinic & Anor
SC/COM/MOT/000334/2022
Injunction  The matter is resisted Mention 29 June 2022
36 2022 May 16 Larus Cloud Service Ltd v Afrinic & Anor
SC/COM/MOT/000335/2022
 Petition The matter is resisted Mention 29 June 2022
37 2022 May 26 Cloud Innovation Ltd v Afrinic & Anor 
SC/COM/PWS/000358/2022
Plaint with Summons The matter is resisted Demand of Particulars: 29 June 2022
38 2022 June 15 Africa on Cloud (PTY) Ltd v Afrinic 
SC/COM/WRT/000418/2022
Injunction The matter is resisted Returnable date: 28 June 2022

  

B) Update on Police Investigations

AFRINIC stands informed that regarding its declaration made at the Central Criminal Investigation Division of the Mauritian Police Force in December 2019 in respect of IP number resources that had been misappropriated from its pool of resources, the same is still ongoing. 

 

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Date and time in Mauritius -