Receiver restored – an interim remedy in shareholder disputes

Nikki Singla KC acted successfully for the respondent Cloud Innovation in the case of AFRINIC v Cloud Innovation in the Court of Civil Appeal in Mauritius [2024] SCJ 473. AFRINIC is trying to oust Cloud Innovation as a member and to forfeit its valuable internet resources. AFRINIC (through a former director) sought to remove the Official Receiver that had been appointed by the Commercial Court to manage and supervise the company AFRINIC pending the determination of Cloud’s Innovation’s shareholder oppression claim. Cloud Innovation successfully opposed the removal application arguing that AFRINIC had no lawfully appointed director in place, an election to appoint directors required to be held and in all the circumstances it was just for the Official Receiver to continue in his role.

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