[Community-Discuss] Supreme Court Order in Relation to Cloud Innovation v AFRINIC
Owen DeLong
owen at delong.com
Thu Jul 15 09:20:14 UTC 2021
> On Jul 14, 2021, at 16:58 , Ronald F. Guilmette <rfg at tristatelogic.com> wrote:
>
> In message <CAD4W+iM-88h+Fn+qPdD67Kg9+DsiFL_H-JbP9hcu-d4k8r1HTg at mail.gmail.com>
> DANIEL NANGHAKA <dndannang at gmail.com> wrote:
>
>> I would like to appreciate the level of transparency that is being put
>> forward here by Cloud Innovation.
>
> I also appreciate the additional information, even as I marvel at the
> apparent fact that although Cloud Innovation is currently still engaged
> in litigation before the Supreme Court of Mauritius, the so-called
> "sub judice" rule apparently does not apply to either it or this case.
The “sub judice” rule was temporarily not in effect while the case was dismissed
until such time as the appeal was accepted. This created a window during which
we could disclose certain factual information.
The “sub judice” rule only applies while there is an active case that is actually
“sub judice” (which means “under the consideration of the court” basically).
When AFRINIC succeeded in getting the case dismissed, it stopped being
“sub judice” until such time as the judge ruled to reinstate the injunction pending
the appeal.
Owen
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