[Community-Discuss] Update on legal case - Freeze of Bank accounts

[Paul Hjul]

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>
> Message: 5
> Date: Fri, 15 Oct 2021 17:09:54 +0200
> From: JORDI PALET MARTINEZ <jordi.palet at consulintel.es>
> To: Eddy Kayihura <eddy at afrinic.net>, Community Discuss
>         <community-discuss at afrinic.net>
> Subject: Re: [Community-Discuss] Update on legal case - Freeze of Bank
>         accounts
> Message-ID: <8402109C-8569-4C97-894F-D98B5495E96B at consulintel.es>
> Content-Type: text/plain; charset="utf-8"
>
> Very good news!
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> I don?t know how these things work in Mauritius courts, but it will be
> good to ask that all the legal expenses are borne by the other party.
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> In addition to that, I believe AFRINIC must ask for image damages and
> compensation for the troubles created by the accounts freezing, because
> clearly this has been a reckless claim.
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> This is the only way to also show to others that the rules have to be
> followed and litigation is not the way to escape from rules.
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> Regards,
>
> Jordi
>
> @jordipalet
>
> >> That is my question? I really wish the parties would provide the actual
court orders rather than a commentary without specifics. Were costs
awarded, if so on what scale?

It is all good and well to say the court "declared the order null and void.
In short, AFRINIC has won this case against Cloud Innovation Ltd." without
giving any specifics. In this sort of thing the court may have found that
there isn't a balance of convenience on the injunction and have held that
the merits of the principal case will provide the plaintiff with an
adequate alternative remedy

I'd be cautious at suggesting defamatory damages be sought until knowing
what the actual judicial findings of various courts are. I'd also be
cautious of claiming that the claim is "reckless" until knowing specifics
...
The fact that costs aren't disclosed and that the case of the 21st of
November is still to run suggests that as with the previous announcement of
legal victory from Afrinic more than mild caution is warranted.
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