Menzies hits another dead end
Menzies Aviation Namibia's year-long battle against the Namibia Airports Company (NAC) and Paragon Investment Holdings reached another impasse when the Supreme Court rejected its most recent attempt to resume ground-handling services at the Hosea Kutako International Airport.
Last year, the NAC succeeded in obtaining an eviction order which forced Menzies to vacate the airport. The ground-handling services were awarded to Paragon, and Menzies was disqualified from the tender process.
The court found that Menzies' contract for the provision of ground-handling services had lapsed and that it had no right to occupy the airport.
After several delays and court proceedings, Paragon took over the ground-handling services in August 2023.
Appeal
Menzies approached the Supreme Court with an appeal in an attempt to overturn a ruling in which the company sought a temporary interdict allowing it to work at the airport until the legal process was completed.
The appeal application was heard on 8 April and was dismissed in a judgment delivered on Tuesday by judges Sylvestor Mainga, Elton Hoff and acting judge Theo Frank.
The ongoing legal process includes a review application brought by Menzies in which it challenged the tender process and its award to Paragon.
"Menzies claiming that irregularities occurred in the award of the tender to Paragon does not in itself entitle the company to the relief sought.
"Menzies must go further and establish, prima facie, that the tender would have been awarded if it had been carried out fairly and free of the alleged irregularities. Menzies could not do this. It therefore follows that the application was correctly refused [by the High Court]. The appeal is dismissed with costs."
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Last year, the NAC succeeded in obtaining an eviction order which forced Menzies to vacate the airport. The ground-handling services were awarded to Paragon, and Menzies was disqualified from the tender process.
The court found that Menzies' contract for the provision of ground-handling services had lapsed and that it had no right to occupy the airport.
After several delays and court proceedings, Paragon took over the ground-handling services in August 2023.
Appeal
Menzies approached the Supreme Court with an appeal in an attempt to overturn a ruling in which the company sought a temporary interdict allowing it to work at the airport until the legal process was completed.
The appeal application was heard on 8 April and was dismissed in a judgment delivered on Tuesday by judges Sylvestor Mainga, Elton Hoff and acting judge Theo Frank.
The ongoing legal process includes a review application brought by Menzies in which it challenged the tender process and its award to Paragon.
"Menzies claiming that irregularities occurred in the award of the tender to Paragon does not in itself entitle the company to the relief sought.
"Menzies must go further and establish, prima facie, that the tender would have been awarded if it had been carried out fairly and free of the alleged irregularities. Menzies could not do this. It therefore follows that the application was correctly refused [by the High Court]. The appeal is dismissed with costs."
– [email protected]
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