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List of Court Cases involving AFRINIC

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A) Salient features of courts cases involving AFRINIC

 

Case #1: Afri Holdings Ltd & Others vs AFRINIC (SC/COM/WRT/000295/2020)

On 12 June 2020, the applicants (Afri Holdings Ltd, Netstyle A. Ltd & Elad Cohen) lodged an application for Injunction following reclamation by AFRINIC of misappropriated IP number resources.

The matter is resisted by AFRINIC and is ongoing.

At this stage, AFRINIC stands informed that the City of Cape Town Municipal Council intends to intervene in the matter and is in the process of initiating the necessary procedures at its end.

  

Case #2: Cloud Innovation Ltd vs AFRINIC (SC/COM/WRT/000168/2021) 

On 24 March 2021, Cloud Innovation Ltd lodged an application for Injunction following AFRINIC’s letter issued to it in the context of a review exercise initiated pursuant to the provisions of its Registration Service Agreement.

On 7 July 2021, the Learned Judge delivered a judgment in favour of AFRINIC, thus setting aside the Interim Order granted on 29 March 2021, and Cloud Innovation Ltd has appealed against that judgment.

AFRINIC is resisting the appeal and awaiting the hearing to be fixed by the Court.

 

Case #3: Cloud Innovation Ltd vs AFRINIC i.p.o Registrar of Companies (SC/COM/PET/000275/2021)

On 24 May 2021, Cloud Innovation Ltd lodged a case against AFRINIC seeking, inter-alia, the status of a Registered Member as well as financial compensation in the sum of USD 1.8 Billion.

The matter is resisted by AFRINIC and is ongoing.

 

Case #4: Cloud Innovation Ltd vs AFRINIC (SC/COM/MOT/000382/2021)

On 07 July 2021, Cloud Innovation Ltd initiated an application for Injunction against AFRINIC requiring its board of directors to ratify a certain resource transfer policy.

The matter is resisted by AFRINIC and is ongoing.

 

Case #5: Cloud Innovation Ltd vs AFRINIC (SC/COM/JICA/000413/2021)

On 09 July 2021, Cloud Innovation Ltd applied for a stay of execution of the Judgment delivered in AFRINIC’s favour on 07 July 2021 since it had appealed against that judgment.

The application by Cloud Innovation Ltd was set aside by the Learned Judge on 12 July 2021.

 

Case #6: Cloud Innovation Ltd vs AFRINIC (SN 1030/2021)

On 10 July 2021, Cloud Innovation Ltd initiated an application for an injunction against AFRINIC preventing it from giving effect to its board’s resolution dated 08 July 2021 when it terminated the membership of Cloud Innovation Ltd on 09 July 2021.

This application was set aside by the Learned Judge on 11 July 2021 on the grounds that Cloud Innovation Ltd had, inter-alia, failed to disclose material facts and that it had allegedly entered two parallel proceedings regarding the same issue.

Accordingly, the Learned Judge found that her intervention was not warranted and thus set aside the application.

 

Case #7:  Cloud Innovation Ltd vs AFRINIC (WI 5883 – SN 1040/21)

On 13 July 2021, Cloud Innovation Ltd initiated an application for an injunction against AFRINIC preventing it from giving effect to its board’s resolution dated 08 July 2021 when it terminated the membership of Cloud Innovation Ltd on 09 July 2021.
The Interim Order was served on AFRINIC on 13 July 2021.

On 15 July 2021, the matter was called before the Learned Judge.

Following clarification obtained from the Judge as well as an undertaking given by Counsel appearing for Cloud Innovation Ltd that a request would be made for an early hearing of the appeal made against the judgment delivered on 07 July 2021, AFRINIC voluntarily undertook to comply with the terms of the Interim Order of 13 July 2021 in order not to protract matters.

In view of the undertaking provided by AFRINIC, the Learned Judge discharged the Interim Order dated 13 July 2021 and set aside Cloud Innovation Ltd’s application.

 

Case #8: Cloud Innovation Ltd vs AFRINIC (S.C.R. No. 5C/30/21)

On 13 July 2021, AFRINIC was informed of the appeal lodged by Cloud Innovation Ltd against the judgment delivered on 07 July 2021.

 

Case #9: Cloud Innovation Ltd vs AFRINIC i.p.o MCB & SBM (SC/COM/JICA/000465/2021)

On 23 July 2021, Cloud Innovation Ltd made an ex-parte application for an Authorisation Order to attach in the hands of 2 local banks namely, the State Bank (Mauritius) Ltd and Mauritius Commercial Bank, all its monies held by them up to USD 50 million – the Provisional Attachment Order, also known as Freezing Order.

 

Case #10: AFRINIC vs Cloud Innovation Ltd i.p.o MCB & SBM (SC/COM/JICA/000471/2021)

On 26 July 2021, AFRINIC applied for the discharge or at least a variation of the terms of the Provisional Attachment Order. This application was set-aside on 13 August 2021.

 

Case #11: Cloud Innovation Ltd vs AFRINIC i.p.o MCB & SBM (SC/COM/JICA/000476/2021)

On 27 July 2021, Cloud Innovation Ltd initiated an application to validate its Provisional Attachment Order that was granted in its favour on 23 July 2021.

This application by Cloud Innovation Ltd is being resisted by AFRINIC and the matter is ongoing.

 

Case #12: Cloud Innovation Ltd vs AFRINIC & Ors (2021)

On 03 August 2021, Cloud Innovation Ltd initiated a defamation case against AFRINIC, it's Chairman and Chief Executive Officer for damages in the sum of USD 80,000,000.

This matter will be called before the Supreme Court of Mauritius on 16 September 2021 and will be resisted by AFRINIC.

 

Case #13: Cloud Innovation Ltd vs AFRINIC & Ors (2021)

On 03 August 2021, Cloud Innovation Ltd initiated contempt of court proceedings against AFRINIC and its Chief Executive Officer.

The matter is resisted by AFRINIC and is ongoing.

 

Case #14 AFRINIC vs Cloud Innovation Ltd IPO SBM and MCB (SC/COM/JICA/000536/2021)

On 19 August 2021, AFRINIC applied for the main levee (discharge) or cantonment (reduction) of the amount of monies frozen in its accounts. On 25 August 2021, the Learned Judge, in the interest of justice, allowed AFRINIC access by way of a one-off release to part of its funds. The matter is still ongoing.

 

Case #15 Cloud Innovation Ltd vs AFRINIC (SN 1382/2021)

On 08 September 2021, Cloud Innovation Ltd initiated another application for an injunction against AFRINIC. This new application for injunction follows from a letter dated 27 August 2021 issued by AFRINIC to Cloud Innovation Ltd requesting information and assistance pursuant to the provisions of its Registration Service Agreement. We find it relevant to add that, so far the Learned Judge has declined Cloud Innovation's prayer for an interim injunction and has instead called upon AFRINIC to show cause why Order should not be granted. This application is also being strongly resisted by AFRINIC.

 


 

B) Legal Notices served on AFRINIC since 01 June 2021

  1. On 01 June 2021, Cloud Innovation Ltd served a Legal Notice prior to Contempt of Court Proceedings on AFRINIC. AFRINIC responded to that notice on 04 June 2021.
  2. On 05 July 2021, SNB-REACT U.A (Anti-Counterfeiting Network) served a legal Notice on AFRINIC regarding IP number resources allocated to Fiber Grid Ltd.
  3. On 14 July 2021, Cloud Innovation Ltd served a Legal Notice prior to Contempt of Court Proceedings on AFRINIC. AFRINIC did not respond to that notice since the matter was coming before the Learned Judge on 15 July 2021.
  4. On 26 July 2021, Cloud Innovation Ltd served a Legal Notice prior to Committal Applications on AFRINIC. This notice was responded to by AFRINIC on 30 July 2021.
  5. On 28 July 2021, Cloud Innovation Ltd served a Legal Notice prior to the initiation of criminal and civil defamation against AFRINIC and its Chairman containing a claim of USD 10,000,000. AFRINIC did not respond to that notice and opted to await Cloud Innovation Ltd’s main case to resist the same.
    • On 01 June 2021, Cloud Innovation Ltd served a Legal Notice prior to Contempt of Court Proceedings on AFRINIC. AFRINIC responded to that notice on 04 June 2021.
    • On 05 July 2021, SNB-REACT U.A (Anti-Counterfeiting Network) served a legal Notice on AFRINIC regarding IP number resources allocated to Fiber Grid Ltd.
    • On 14 July 2021, Cloud Innovation Ltd served a Legal Notice prior to Contempt of Court Proceedings on AFRINIC. AFRINIC did not respond to that notice since the matter was coming before the Learned Judge on 15 July 2021.
    • On 26 July 2021, Cloud Innovation Ltd served a Legal Notice prior to Committal Applications on AFRINIC. This notice was responded to by AFRINIC on 30 July 2021.
    • On 28 July 2021, Cloud Innovation Ltd served a Legal Notice prior to the initiation of criminal and civil defamation against AFRINIC and its Chairman containing a claim of USD 10,000,000. AFRINIC did not respond to that notice and opted to await Cloud Innovation Ltd’s main case to resist the same.
    • On 28 July 2021, Cloud Innovation Ltd served a Legal Notice for false and /or misleading statements against AFRINIC and its Chief Executive Officer.

 

AFRINIC did not respond to that notice and opted to await Cloud Innovation Ltd’s main case to resist the same. Upon Cloud Innovation Ltd’s insistence, the Chief Executive Officer had, on the same day, released a statement to AFRINIC’s Members-Discuss and Community-Discuss mailing lists clarifying the contents of his video dated 27 July 2021 and confirmed the Learned Judge declined AFRINIC’s application dated 26 July 2021.

 

C) 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. 

 

List of Court Cases involving AFRINIC

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A) Salient features of courts cases involving AFRINIC

 

Case #1: LogicWeb Inc. vs AFRINIC (SC/COM/WRT/000082/2021)

On 05 February 2021, LogicWeb Inc lodged an application for Injunction following reclamation by AFRINIC of misappropriated IP number resources. The matter was resisted by AFRINIC. However, on 04 October 2012 and based on the judgment dated 07 July 2021 delivered in the matter Cloud Innovation Ltd vs Afrinic [168/21] regarding the issue of compliance with the Deposit of Power of Attorney Act, LogicWeb made a motion to withdraw its case, and which was subsequently set-aside with Costs by the Honourable Judge.

However, LogicWeb has lodged another application for an injunction against Afrinic [LogicWeb Inc vs AfriNIC (705/21)]. This application has been rejected by the Honourable Judge and has instead called upon AfriNIC to communicate its stand in the matter by 25 October 2021.

 

Case #2: Cloud Innovation Ltd vs AFRINIC (SC/COM/WRT/000168/2021) 

On 24 March 2021, Cloud Innovation Ltd lodged an application for Injunction following AFRINIC’s letter issued to it in the context of a review exercise initiated pursuant to the provisions of its Registration Service Agreement.

On 7 July 2021, the Learned Judge delivered a judgment in favour of AFRINIC, thus setting aside the Interim Order granted on 29 March 2021, and Cloud Innovation Ltd has appealed against that judgment which will be heard on 11 November 2021.

Accordingly, this case will follow the outcome of the appeal case.

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Case #3: Cloud Innovation Ltd vs AFRINIC i.p.o Registrar of Companies (SC/COM/PET/000275/2021)

On 24 May 2021, Cloud Innovation Ltd lodged a case against AFRINIC seeking, inter-alia, the status of a Registered Member as well as financial compensation in the sum of USD 1.8 Billion.

The matter is resisted by AFRINIC and has requested for particulars (details) of the financial claim before it files its second counter-affidavit.

The matter is still ongoing.

 

Case #4: Cloud Innovation Ltd vs AFRINIC (SC/COM/MOT/000382/2021)

On 07 July 2021, Cloud Innovation Ltd initiated an application for Injunction against AFRINIC requiring its board of directors to ratify a certain resource transfer policy.

The matter is resisted by AFRINIC and is ongoing.

 

Case #5: Cloud Innovation Ltd vs AFRINIC (S.C.R. No. 5C/30/21)

On 13 July 2021, AFRINIC was informed of the appeal lodged by Cloud Innovation Ltd against the judgment delivered on 07 July 2021.

The hearing of the appeal has been fixed to be heard on 11 November 2021.

 

Case #6: Cloud Innovation Ltd vs AFRINIC & Ors (2021)

On 03 August 2021, Cloud Innovation Ltd initiated a defamation case against AFRINIC, its Chairman and Chief Executive Officer for damages in the sum of USD 80,000,000.

This matter is being resisted by AFRINIC.

 

Case #7: Cloud Innovation Ltd vs AFRINIC & Ors (2021)

On 03 August 2021, Cloud Innovation Ltd initiated contempt of court proceedings against AFRINIC and its Chief Executive Officer.

The matter is being resisted by AFRINIC.

 

Case #8 Cloud Innovation Ltd vs AFRINIC (SN 1382/2021)

On 08 September 2021, Cloud Innovation Ltd initiated another application for an injunction against AFRINIC. This new application for injunction follows from a letter dated 27 August 2021 issued by AFRINIC to Cloud Innovation Ltd requesting information and assistance pursuant to the provisions of its Registration Service Agreement.

So far, the Learned Judge has declined Cloud Innovation's prayer for an interim injunction and has instead called upon AFRINIC to show cause why Order should not be granted. This application is also being strongly resisted by AFRINIC.

 


 

B) Legal Notices served on AFRINIC since 01 June 2021

  1. On 01 June 2021, Cloud Innovation Ltd served a Legal Notice prior to Contempt of Court Proceedings on AFRINIC. AFRINIC responded to that notice on 04 June 2021.
  2. On 05 July 2021, SNB-REACT U.A (Anti-Counterfeiting Network) served a legal Notice on AFRINIC regarding IP number resources allocated to Fiber Grid Ltd.
  3. On 14 July 2021, Cloud Innovation Ltd served a Legal Notice prior to Contempt of Court Proceedings on AFRINIC. AFRINIC did not respond to that notice since the matter was coming before the Learned Judge on 15 July 2021.
  4. On 26 July 2021, Cloud Innovation Ltd served a Legal Notice prior to Committal Applications on AFRINIC. This notice was responded to by AFRINIC on 30 July 2021.
  5. On 28 July 2021, Cloud Innovation Ltd served a Legal Notice prior to the initiation of criminal and civil defamation against AFRINIC and its Chairman containing a claim of USD 10,000,000. AFRINIC did not respond to that notice and opted to await Cloud Innovation Ltd’s main case to resist the same.
    • On 01 June 2021, Cloud Innovation Ltd served a Legal Notice prior to Contempt of Court Proceedings on AFRINIC. AFRINIC responded to that notice on 04 June 2021.
    • On 05 July 2021, SNB-REACT U.A (Anti-Counterfeiting Network) served a legal Notice on AFRINIC regarding IP number resources allocated to Fiber Grid Ltd.
    • On 14 July 2021, Cloud Innovation Ltd served a Legal Notice prior to Contempt of Court Proceedings on AFRINIC. AFRINIC did not respond to that notice since the matter was coming before the Learned Judge on 15 July 2021.
    • On 26 July 2021, Cloud Innovation Ltd served a Legal Notice prior to Committal Applications on AFRINIC. This notice was responded to by AFRINIC on 30 July 2021.
    • On 28 July 2021, Cloud Innovation Ltd served a Legal Notice prior to the initiation of criminal and civil defamation against AFRINIC and its Chairman containing a claim of USD 10,000,000. AFRINIC did not respond to that notice and opted to await Cloud Innovation Ltd’s main case to resist the same.
    • On 28 July 2021, Cloud Innovation Ltd served a Legal Notice for false and /or misleading statements against AFRINIC and its Chief Executive Officer.

 

AFRINIC did not respond to that notice and opted to await Cloud Innovation Ltd’s main case to resist the same. Upon Cloud Innovation Ltd’s insistence, the Chief Executive Officer had, on the same day, released a statement to AFRINIC’s Members-Discuss and Community-Discuss mailing lists clarifying the contents of his video dated 27 July 2021 and confirmed the Learned Judge declined AFRINIC’s application dated 26 July 2021.

 

C) 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. 

 

Date and time in Mauritius -