Select your Top Menu from wp menus
  • Instagram
  • TikTok
Menzies Aviation granted another chance to fight for ground handling Services

Menzies Aviation granted another chance to fight for ground handling Services

As court orders for hearing of oral evidence

Staff Reporter

MENZIES Aviation will have another shot at fighting for ground handling services at the Hosea Kutako International Airport after High Court Judge Eileen Rakow granted an application to hear oral evidence made by Menzies Aviation. They claimed that Paragon’s bid was incomplete and that forged signatures appear on its tender documents.

The application for oral evidence will be heard on April 16, 2024.

“The Court, when considering whether to refer the matter for oral evidence, took into account that the applicant, Menzies Aviation, pointed out to the court instances in the pleadings where evidence contradicts each other and where it is clear that such evidence should be cleared up in order to understand what the real issue before this court is. The court has identified the biggest issue being that part of the application of the second respondent Paragon was allegedly signed on behalf of Paragon. Why the court is alive to this issue is because the non-signing of documents was one of the reasons for finding Menzies bid non-responsive,” Justice Rakow said.

In addition to this, the high court judge said that it is clear that the referral sought is based on credible evidence and is not simply an abuse of process by an unscrupulous litigant.

“The court further finds that the referral is convenient because the issues are clearly defined, the dispute is comparatively simple, and a speedy determination of the dispute is desirable and in fact achievable. In granting or dismissing an application to refer affidavit evidence viva voce, the court exercises discretion. In this instance, Menzies has made out a case for the exercise of this discretion in favour of the referral to oral evidence for determine, ‘Is the uninitialised financial document of Paragon which was uploaded on e-justice on May 11, 2022, the same document submitted by Paragon to the NAC when Paragon submitted its tender to the NAC? And if so, did Paragon act in cahoots to upload an altered version after the defect was pointed out by Menzies?'” Justice Rakow said.

According to Menzies, other questions that need to be referred to cross-examination are why, in the face of clear contraventions regarding outdated ground handling service equipment put forward by Paragon, it was nevertheless awarded the tender. In addition to this, Menzies will question why, in circumstances where the NAC has learned that there were forged signatures of both Paragon co-founder Desmond Amunyela and Mr. Barega, the NAC has not taken any steps to end the contract but instead vigorously opposes the review application.

The court further found that the Bid Evaluation Committee does not have a direct and substantial interest in the legal matter and should not be joined in the application. The court thus ordered that the matter be referred to hear oral evidence regarding the issues raised by Menzies and that the joinder application is dismissed. The respondents who opposed the application for referral to oral evidence are jointly ordered to pay for the cost of the application.

Related posts