Zambezi Airlines Application Thrown Out
The airline had applied for a mandatory injunction to direct NAC to give it vacant possession of premises leased at Kenneth Kaunda, Harry Mwaanga Nkumbula and Simon Mwansa Kapwepwe airports.
The airline had contended that if it was not given the premises, it would suffer irreparable loss and damages.?But Lusaka High Court Judge-in-Charge Jane Kabuka dismissed the case with costs to be taxed in default because of multiplicity of actions by the airline.
The airline has three other actions between NAC and Zambia Export Growers’ Association (ZEGA) Ltd.?All the cases arise from or are connected to the use of NAC’s premises.
Ms Justice Kabuka said she found that the issues in dispute were all capable of being dealt with by one court either by way of counter-claims or through consolidation.
She noted that the purpose for commencing the present action before her court was primarily for the airline to obtain an order of mandatory injunction, which would direct compliance by NAC from interfering with the airline’s use of its premises.
“On the evidence before me, I find as a fact that cause numbers 2010/HPC/0770, 2011/HPC/0641, 2011/HP/1292 and 2012/HP/221 all arose from the airline’s use of NAC’s premises at the three international airports located at Lusaka, Ndola and Livingstone, which is the same?subject matter and substantially between the two parties,” Ms Justice Kabuka said.
Zambezi Airlines chief executive officer Maureen Jangulo had applied for an interim order of mandatory injunction, directing NAC to give vacant possession of its various premises leased to the airline situated at the three national airports.
The matter comes up for inter-party hearing on Thursday May 10, 2012.
[Times of Zambia]