By: Niël Terblanché
A panel of three justices of the Namibian Supreme Court has upheld an eviction order issued by the Namibian High Court against Menzies Aviation Namibia, requiring them to vacate their ground handling services at Hosea Kutako International Airport (HKIA).
This decision that was delivered today follows a series of legal battles between Menzies and the Namibia Airports Company (NAC) over the awarding of ground handling contracts to a joint venture between Paragon Investment Holdings and Ethiopian Airlines.
The appeal stems from a High Court decision that dismissed Menzies’ application for a temporary interdict, pending the finalisation of a review application regarding the award of ground handling services to the joint venture.
The High Court had previously found that the NAC’s notice to Menzies to vacate the premises within a short period was unreasonable, instead deeming a 30-day notice period as reasonable.
Menzies’ primary contention was that the NAC did not provide a reasonable notice period for vacating the premises.
The Supreme Court Justices, however, found that Menzies failed to substantiate why a 30-day notice was insufficient and did not present any detailed reasons for their inability to vacate within this timeframe.
The Justices also observed that Menzies’ actions appeared to be a tactical approach to extend their stay at the airport indefinitely.
Additionally, the panel of justices addressed the joint venture’s cross-appeal, which contested the High Court’s declaration that the notice given to Menzies was unreasonable.
In this instance, the Supreme Court justices sided with the joint venture and stressed that the notice was not meant to terminate any new agreement but to enforce the eviction judgment previously issued.
In their judgement, the Supreme Court Justices stated that Menzies had ample time to prepare for vacating the premises following the dismissal of their appeal against the eviction judgment.
The Court also dismissed Menzies’ claims regarding the certification of the joint venture’s personnel and equipment, noting that these issues did not justify staying the eviction order.
The Supreme Court granted condonation for the late filing of the joint venture’s notice to oppose and the power of attorney.
Paragon and its partner were ordered to pay the costs of one instructing and two instructed counsel, and 15% of the costs related to attendance and appearance at the hearing of the appeal.
With regard to the appeal, the justices ordered Menzies to pay the costs of the unsuccessful appeal, which includes the costs of one instructing and two instructed counsel. The costs payable to the JV are limited to 85% of the costs related to attendance and appearance at the hearing of the appeal.
Menzies was ordered to pay the costs of the cross-appeal, including the costs of one instructing and two instructed counsel. These costs are also limited to 85% of the costs related to attendance and appearance at the hearing of the appeal.
The Supreme Court Justices set aside the High Court’s order dated 8 August 2023 and substituted it with an order dismissing the Menzies application with costs.
In this matter, Paragon was represented by Sisa Namandje and his supporting counsel while Menzies was represented by Advocate Raymond Heathcote and his supporting counsel.
The NAC was represented by Advocate Timothy Bruinders and Advocate Unanisa Hengari.
The ruling emphasizes the judiciary’s stance on ensuring that contractual and legal obligations are upheld, particularly in the context of public infrastructure and services.
The latest judgement also marks the end of Menzies’ prolonged legal attempts to retain their ground handling operations at HKIA, clearing the way for Paragon and its joint venture partner to continue to provide these services.
