May 25, 2022

Kenya Airways and 748 Air Services in property dispute

A Kenyan court has ordered the removal of charter operator 748 Air Services (FE, Nairobi Wilson) from a property in Nairobi Jomo Kenyatta until a dispute between it and national carrier Kenya Airways (KQ, Nairobi Jomo Kenyatta) was heard and decided.

On July 16, 2021, the Chief Magistrate of the Commercial Courts of Milimani, DM Kivuti, ordered the JKIA Airport Police Station to enforce the orders, The Standard newspaper reports. The charter company was not immediately available for comment.

This follows a legal claim by Kenya Airways on the grounds that the national carrier was the registered owner of the property, claiming that 748 Air Services had illegally occupied the facility and refused to vacate it despite numerous requests. “There is no justification, contractual or otherwise, to anchor the defendant’s continued occupation to vacate the property,” Kenya Airways said in an affidavit, along with a copy of its title deed. The airline said it issued eviction notices to 748 Air Services, which sublet the property without notice or consent.

The court order prevents the defendant from continuing to enter, occupy, use, enter or use the property pending a hearing. According to court documents, Kenya Airways bought the property at a public auction in July 2014 for KES 150 million (USD 1.3 million). It was previously owned by African Airlines International (AIK, Nairobi Jomo Kenyatta).

According to advanced ch-aviation fleets module, 748 Air Services operates from Wilson and Jomo Kenyatta airports with a fleet totaling 12 turboprops, including eight DHC-8-100s (two of which are leased from Avmax Aircraft Leasing) and four DHC-8-Q400s (one leased from Capitale of Nordic aviation). The carrier offers scheduled passenger flights throughout Kenya as well as humanitarian flights, oil and gas charters and government services.