Kenya Airways has been given the green light by a court to evict 748 Air Services from a disputed property at the Jomo Kenyatta International Airport (JKIA) until the matter is heard and concluded.
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 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,” stated the court order dated Friday, July 16.
KQ had told the court that the airline 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,” stated KQ, which also produced 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 leading carrier in Kenya in their defence claimed that it had bought the property at a public auction in July 2014 after the PTA Bank (now Trade Development Bank) exercised its power of sale at a price of Ksh150 million.
The property was consequently transferred to KQ in December of the same year and the registration was completed in December 2016.
KQ said it had issued eviction notices to the tenant, who then leased the property to another party without notice and consent.
