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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

Hearing on 18 March 2022

Physical Appearance on 31 January 2022.

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 30 May 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 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 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  The appeal is resisted  Hearing on
27 January 2022 
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  Completed
Arguments on bill of costs on 5 July 2022
Application 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 Matter will be called on 20 January 2022 for Mr. Glover to withdraw and Cloud to retain services of another Counsel.
14 2021 Aug 03 Cloud Innovation Ltd vs AFRINIC & Ors 

SCR 122087 – (5A/194/21)  
 Contempt proceedings  The matter is resisted and ongoing Mention on 24 January 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 Hearing (Argument) on Security for Costs & inclusion of Pakistan Telecommunication Authority as Co-Respondent on 25 January 2022
18 2021 Oct 21  Logic Web Inc vs AFRINIC 

SC/COM/WRT/000705/2021
Application for injunction
(Not granted)
The matter is resisted and ongoing  Case to be fixed for Arguments on Security for costs. 
19 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 Matter is resisted and ongoing Awaiting to be fixed for hearing.
20 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.
21 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. Court ordered that the Ministere Public provides its submissions on the nature of this application to recall order dated 26 October 2021 and on procedure adopted by the Applicant. The case was postponed to the 10 January 2022.NB: AFRINIC could not intervene in the matter since it was not served with the process.
22 2021 Nov 03 AFRICA ON CLOUD (PTY) LTD vs AFRINIC 

SC/COM/PET/000769/2021
Petition to wind-up AFRINIC under the Insolvency Act. Matter is resisted and ongoing Physical appearance on 17 January 2022 on the issue of security for costs.
23 2021 Nov 08  City of Cape Town vs AFRINIC & OrsSC/COM/JICA/000781/21 Application to intervene in the case
SC/COM/JICA/000295/20
 Matter is ongoing. Physical Appearance on 31 January 2022.
24 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
25 2021 Dec 03 Cloud Innovation Ltd vs AFRINIC 

SN 1947/2021
Application for injunction
(Granted)
Matter is resisted and ongoing Mention: 15 February 2022
Interim Order extended until 15 February 2022
26 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 Summons date: 08 March 2022
27 Service effect on 20 Dec 2021 Cloud Innovation Ltd vs AFRINIC

5A/285/21
Contempt Proceedings Matter is resisted Mention: 24 January 2022
28 Service effected on 21 Dec 2021 Logic Web Inc vs AFRINIC Application for a perpetual injunction Matter is resisted Summons date: 27 January 2022
29 2022 Jan 12 Cloud Innovation vs AFRINIC & Ors  Contempt proceedings Matter is resisted Summons date: 24 January 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, same is still ongoing. 

 

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Date and time in Mauritius -