Court blocks KQ from evicting rival firm out of Sh500m property
Kenya Airways has suffered a blow after the High Court barred it from interfering with over Sh500 million property belonging to African Express Airways (AFEX) situated within the Jomo Kenyatta International Airport in Embakasi, Nairobi.
Justice Samson Okong’o of the Employment and Land Court also directed KQ to allow AFEX to use and enable them resume operations at the Kenya Airports Authority gate at the Airport North Road.
“That pending the hearing and determination of the suit herein an interlocutory order of injunction is directed at the defendant (Kenya Airways) and its agents, contractors, employees and otherwise howsoever to open the access route to the plaintiff’s (AFEX) premises land reference No. 9042/584 from Airport North road, Embakasi, Nairobi,” Justice Okong’o ordered.
While issuing the directive, Justice Okong’o faulted the National Carrier for using unlawful orders obtained from Milimani Chief Magistrate Commercial Court to evict the aviation firm on July 23 from their premises.
Judge said the eviction orders were illegally obtained from a court that has no jurisdiction to hear and determine a dispute over the ownership of the suit since the value of the property was over Sh500 million.
Judge noted that AFEX has demonstrated that there was no lawful order from a competent court authorising their eviction from the suit property or blocking its access to its head office at JKIA.
Temporary order He further barred KQ from trespassing, occupying and interfering with AFEX property unless they got permission from the airline.
“A temporary order of injunction is issued restraining the defendant (Kenya Airways) and its agents contractors, employees workmen and otherwise howsoever from interfering with the plaintiff’s property known as land Reference No. 904/584 Embakasi, Nairobi or in any way trespassing up or entering and occupying or using any part of the property for any purpose unless with consent of the plaintiff or for restoration of the pre-Friday July 23 status quo pending the hearing and determination of the suit here in,” Justice Okong’o ordered.
A FEX, which operates in East Africa sued Kenya Airways for malicious damage of its property worth millions of shillings and harassment of employees.