In a continuation of the property dispute between Kenya Airways and 748 Air Services, the Kenyan Milomani court has issued a contradictory verdict on its previous order to evict the 748 from the facilities of Kenya’s national airlines.
The court has now ordered Kenya Airways to stop the process of evacuating 748 operators from their facilities following 748 Air’s legal action against the national carrier on 26e July 2021. 784 Air has filed a lawsuit against Kenyan national airlines for damage to their valued property. millions of shillings and the harassment of its employees.
Some time ago, Kenya Airways obtained a deportation order against 748 Air in the Kenyan court, Milimani Commercial, on July 16, 2021. The court had ordered the dismissal of the 748 operators to JKIA Airport police station following the verdict.
Kenya’s national airlines had brought a serious charge against 748 Air, claiming that the 748 operators had illegally occupied facilities owned by the national carrier. The national carrier said the 748 operators had refused to leave the facilities despite numerous requests from airlines.
In an affidavit written to ch-aviation, Kenya Airways said
“There is no justification, contractual or otherwise, to anchor the defendant’s continued occupation to vacate the property”,
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The 748 Air has been accused of ignoring the eviction notice issued by Kenya Airways and sublet installations without notice or consent to the national carrier.
Under the jurisdiction of Main Magistrate DM Kivuti, the court issued restrictive orders to 748 Air on 16e July 2021 restricting trespassing, occupancy or use of the disputed property pending a hearing. According to documents presented to the court, domestic airlines bought the property previously owned by African Airlines International in a public auction at July 2014 for 150 million shillings.
Withholding of temporary deportation
After celebrating the victory just days ago, 748 Air held Kenya Airways responsible for millions of property damage and employee harassment during a turnaround. Kenya Airways is now barred from deporting 748 Air Services, following the 748 charge after Kenya Airways triumphed over the same court in mid-July.
This time, another judge from the Millamia Commercial Court issued the provisional injunction on the 26the July 2021, forcing national airlines to advance their eviction proceedings for 748 operators pending an inter-partes hearing of the dispute on future dates. The court also issued an order to the police chief of JKIA Airport police station to ensure compliance with new ordinances on the premises.
In the lawsuit against Kenya Airlines, 748 Air chief executive Moses Mwangi said Kenya Airways had not served the carrier with any deportation orders. Despite this, armed police from the JKIA station raided the disputed premises on the 23rd.rd July 2021. The officers reportedly smashed the glass door at the entrance to the premises, damaging the furniture and accessories inside the office and abusing and harassing staff during the eviction process.
In addition to ransacking the office premises, the harsh police conduct also disrupted normal day-to-day service and operations, pushing the 748 Air to significant casualties. As a result of the raid without notice, the 748 employees were unable to locate their important documents, files and machinery which were damaged or damaged during the raid.
According to Mwangi, 748 had already entered into the facility’s lease with its previous occupant, African Airlines International, on 1st February 2021. He further added that the 748 premises had enjoyed a peaceful and calm occupation until they entered the real estate dispute resulting in a total break-in on the defendant’s side.
Since the raid by the armed officers of the JKIA team, the 748 Air Service has begun to encourage its customers to book for the service online or from its downtown branch, continuing its services amid conflict.