List of Court Cases involving AFRINIC
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A) Salient features of courts cases involving AFRINIC
| 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) |
The matter is resisted and ongoing | Hearing on 18 March 2022 |
| 2 | 2021 Feb 05 | LogicWeb Inc vs AFRINIC SC/COM/WRT/000082/2021 |
Application for an injunction (Not granted) |
Application set-aside with Costs following Applicant’s motion for withdrawal on 04 Oct 2021 |
Completed |
| 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 | Physical Appearance on 12 January 2022 |
| 5 | 2021 Jun 25 | Cloud Innovation Ltd vs AFRINIC SC/COM/MOT/000382/2021 |
Application for injunction (Not granted) |
The matter was set aside on 6 January 2022 | Completed |
| 6 | 2021 Jul 09 | Cloud Innovation Ltd vs AFRINIC SC/COM/JICA/000413/2021 |
Application for stay of execution of judgment | The application was set aside on 12 July 2021 | Completed |
| 7 | 2021 Jul 10 | Cloud Innovation Ltd vs AFRINIC SN 1030/2021 |
Application for injunction | The application was set aside on 11 July 2021 | Completed |
| 8 | 2021 Jul 13 | Cloud Innovation Ltd vs AFRINIC SN 1040/21 |
Application for injunction | On 15 July 2021 Afrinic provided an undertaking to comply with the terms of the Interim Order pending determination of the Appeal. Accordingly, the application was set-aside. |
Completed |
| 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) | The application was declared null and void on 15 October 2021 | Completed |
| 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 | Set-aside on 13 August 2021 | Completed |
| 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 | Set-aside on 15 October 2021 | Completed |
| 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 | Preliminary issue – Security for Costs |
| 14 | 2021 Aug 03 | Cloud Innovation Ltd vs AFRINIC & Ors SCR 122087 – (5A/194/21) |
Contempt proceedings | The matter is resisted and ongoing | Preliminary issue – Security for Costs |
| 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 | Set-aside on 15 October 2021 | Completed |
| 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 | Set-aside on 07 September 2021 | Completed |
| 17 | 2021 Sep 06 | Cloud Innovation Ltd vs AFRINIC SN 1382/2021 |
Application for injunction (Not granted) |
The matter is resisted and ongoing | Preliminary Issues – Security for Costs & inclusion of Pakistan Telecommunication Authority as Co-Respondent |
| 18 | 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 | |
| 19 | 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. | On 25 November 2021, the Applicant withdrew its application. | Completed |
| 20 | 2021 Oct 26 (On or about) |
Cloud Innovation Ltd vs AFRINIC SCR 1679(6B/37/21) |
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 the order dated 26 October 2021 and on the procedure adopted by the Applicant. | The case has been postponed to 10 January 2022. |
| 21 | 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 | Preliminary Issue – Security for Costs |
| 22 | 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 | Not resisted by AFRINIC | Awaiting stand of other Co-Respondents. |
| 23 | 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 | |
| 24 | 2021 Dec 03 | Cloud Innovation Ltd vs AFRINIC SN 1947/2021 |
Application for injunction (Granted) |
The matter is resisted and ongoing | Application granted and returnable on 13 January 2022. |
| 25 | 2021 Nov 03 (service effected on 20 Dec 2021) |
Cloud Innovation Ltd vs AFRINIC CS 103/2021 (Supreme Court of Seychelles) | Application for a perpetual injunction. | Matter is resisted | Summons date: 08 March 2022 |
| 26 | Service effected on 2021 Dec 20 |
Cloud Innovation Ltd vs AFRINIC 5A/285/21 | Contempt Proceedings | Matter is resisted | Summons date: 10 January 2022 |
| 27 | Service effected on 2021 Dec 21 |
Logic Web Inc vs AFRINIC | Application for a perpetual injunction | Matter is resisted | Summons date: 27 January 2022 |
| 28 | 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.