Acting Judge of Appeal in the Supreme Court, Theo Frank, on Tuesday declined to grant a request by Menzies Aviation to expedite its appeal against a ruling by Windhoek High Court Judge Eileen Rakow. Judge Rakow dismissed an interlocutory application by Menzies to interdict the Namibia Airports Company (NAC) from implementing any contract NAC entered into with a joint venture between Paragon and JV Ethiopia Airlines pending the finalisation of the ongoing review application it has filed.
Further, it sought to interdict NAC from terminating the contract they entered into on 30 June 2022 which stipulates they are to continue providing ground handling services at HKIA until further notice. With this new contract, they claim they at least require a 12-month notice for them to vacate HKIA premises.
“After hearing and considering the arguments, this court is of the opinion that the Supreme Court may come to a different conclusion as to what this court came to, and for that reason, the application for leave to appeal must be successful,” said Rakow in her ruling on the leave to appeal application by Menzies.
In the review application, Menzies wants NAC’s decision of 13 December 2021 to award the multi-million-dollar contract to the joint venture reviewed and set aside. Through their lawyers, Viljoen and Associates, Menzies asked the Supreme Court to have the appeal set down outside the terms prescribed under the rules of the Supreme Court. Judge Frank declined the request and indicated that the parties will be notified of the date of the hearing by way of a notice of set down in due course. Both the High and Supreme Court have already ordered Menzies to vacate HKIA, citing their contract came to an end on 30 June 2022. Paragon is represented by Sisa Namandje assisted by Taimi Iileka-Amupanda and NAC by Jeremy Gauntlett, SC, KC assisted by Unanisa Hengari instructed by Shikongo Law Chambers.