Staff Reporter
JUDGE Shafima Uietele dismissed an application of Menzies Aviation to reinstate the company as ground service provider in the high court.
The application sought various reliefs to reinstate Menzies Aviation as the ground handling service provider at the Hosea Kutako International Airport.
In its urgent application, Menzies Aviation sought a court order declaring that it was entitled to reasonable notice to vacate the airport. They also sought leave to return to the airport until proper notice was given. Judge Ueitele, however, dismissed Menzies’ application and directed them to pay for the legal costs of the Namibia Airport Company, including the expenses of two legal practitioners.
Judge Ueitele remarked, “In the present matter, it must be accepted that Menzies’ agreement to render ground handling services terminated on December 31, 2021. Therefore, Menzies has no right to claim that the contract to render ground handling services at the HKIA must be awarded to them. As for Menzies’ claims about the new contract coming into operation on June 30, 2022, they have no right to dictate how termination notice should be given in terms of that ‘agreement.'”
Menzies Aviation and the Namibia Airport Company have been engaged in several legal disputes since May 2022 when Menzies lost the ground handling service tender to Paragon Investment. Subsequently, they filed an application in court, contending that the awarding of the tender to Paragon was illegal and that Paragon lacked the capacity to deliver the required service. The application was further dismissed.
Several applications were made, including an appeal to the Supreme Court of Namibia, but all were dismissed, and Menzies continued to file further applications until their eviction from the HKIA on August 19, 2023.
The matter is now struck off the roll and regarded as final.
