KQ gets nod to evict rival airline 748 from JKIA property

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A court has ordered the removal of 748 Air Services from a property in the Jomo Kenyatta International Airport (JKIA) until a dispute between it and national carrier Kenya Airways (KQ) is heard and determined.

Milimani Commercial Courts Principal Magistrate D M Kivuti also ordered JKIA Airport Police Station to enforce the orders.

KQ applied for the orders, saying they were the registered owners of the property and 748 Air Services had occupied the subject property as “an intruder and trespasser.”

The airline, KQ told the court, had refused to vacate the property despite countless demands.

“There is no justification, contractual or otherwise to anchor the defendant’s continued occupation to vacate the property,” said KQ, annexing a copy of the title deed in its affidavit.

The magistrate granted the application for 748 to be removed from the property described as LR No 9042/583 and LR No 9042/1051.

The orders restrain the defendant” from further trespassing, occupying, using, entering upon or otherwise howsoever interfering with the plaintiff’s quiet enjoyment, use and or occupation of the suit property pending hearing and determination of the suit,” said the court order dated July 16.

A 2014 document seen by Saturday Standard shows KQ’s claim to LR No 9042/583.

The national carrier bought it at a public auction in July 2014 after the PTA Bank (now Trade Development Bank) exercised its power of sale at a price of Sh150 million.

It was consequently transferred to KQ in December the same year and the registration completed in December 2016, shows the document.

The auction documents also show the property was previously owned by African Airlines International Ltd.

KQ said it has issued eviction notices to the tenant, who then leased the property to another party without notice and consent.