BY SAM ALFAN.
Environment and Land court has suspended the planned eviction of an aircraft operator from Wilson Airport over a rent arrears dispute.
While suspending the eviction, Justice Benard Eboso said Bush Air Safaris, which operates a fleet of 12 aircrafts in Hangar 16 at the Airport, will remain at the contested premises for another 60 days, awaiting the resumption of the sittings by Rent Restriction Tribunal.
“Pending resumption of sittings by the Business Premises Rent Tribunal, the defendant Enrica Forno and Kenya Airport Authority) are hereby restrained against terminating the plaintiff’s (Bush Air Safaris limited) tenancy in respect of Hangar 6 located on Land reference number 209/13080, Wilson Airport, Nairobi or interfering with plaintiff’s occupational of the said business premises ” ordered the judge.
Eboso further directed the OCS Wilson Airport Police Station to ensure Bush Air Safaris is not evicted from the premises by Enrica Forno and Kenya Airports Authority (KAA).
The company director John Ndiritu through Mbichire & Co. Advocates moved to court seeking a temporary injunction after he was given a seven-day notice to vacate the premises.
He also sought to bar any interference with his business, pending the determination of the case.
Speaking at Wilsom Airport, Mbichire said the OCS Wilson airport complied and gave them access but immediately she left the Wilson airport manager Joseph Okumu ordered them out.
“OCS Wilson airport has complied and given us access but immediately she has left the Wilson airport manager Joseph Okumu has ordered us out on the pretext that he has not received instructions from his seniors yet we served the legal department at JKIA on the September 29” said Ndiritu lawyer.
In the court documents, Mbichire told the court that Ndiritu has been operating from Hangar 16 since 2012, after allegedly entering into an agreement to purchase several aircrafts from Enrica, from part of her fleets.
Under the exclusive arrangement, he said he moved in and refurbished the entire premises to suit his business needs.
But on August 27, Enrica gave him seven days’ notice, through KAA on claims on non-payment of rent amounting to Sh12.5 million. The figure, he said, is based on balances arising from aircrafts sold to him by Enrica and plans to evict him is contrary to the law.
He said attempts to reach out to her and settle the dispute amicably has been futile. He rushed to court arguing that the issue of rent is governed by the distress of Rent Act, which was not being applied in his case.
“It is only fair that the defendants be restrained from taking any adverse action that will affect the plaintiff’s tenancy and occupancy of the premises pending the hearing of the case,” Mbichire said.
He said the deal between them was that he would pay a yearly rent of Sh1 million.
Enrica had opposed the case saying she allowed him to occupy hangar 16 because he needed to conduct checks on aircrafts which she sold to him.
At that point, she said they were sharing rent of Sh1 million but that they later agreed that he pays an annual rent of Sh2.2 million in two installments. She revealed that he owed her Sh9.5 million covering several years.
The woman said they enjoyed a good relationship until he allegedly started dishonouring the terms of the oral agreement and issued her a bouncing cheque.
The case will be heard in February 2021 when the Tribunal resume.
