Lanseria in battle to reclaim Learjet parking fees

Published Sep 8, 2016

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Pretoria - Lanseria International Airport is claiming R395 552 from an Angolan company, saying three of its luxury aircraft, including a Learjet, have been parked at the airport without the firm footing the parking bill.

The airport company turned to the Gauteng High Court, Pretoria, to try to recover the money from Diexim Expresso.

The aircraft involved in the legal wrangle are two Embraer Brasilia aircraft and a Learjet 45.

It was stated in court papers that by entering Lanseria’s airport or using its facilities or services, all aircraft owners, operators and users bind themselves to the airport’s general terms of conditions. These include charges for landing, parking and passenger services.

All charges had to be paid within 30 days and the airport company has the right to detain any aircraft should an operator be in default of payment.

It is said that from July last year until now the three aircraft have intermittently parked at Lanseria Airport without paying the parking fees. It is claimed the parking fees are escalating by the day, but the Angolan company has refused to pay.

In May, the sheriff was ordered by the court to attach the three aircraft for safe-keeping in an airport hangar until the legal proceedings have been concluded. The sheriff reported back that he attached the attachment order to the window of each aircraft to ensure it remained in safe keeping.

At the time, the airport company also obtained permission from the court to institute legal proceedings against the company, as it was located outside South Africa.

The chief executive of the Angolan company, Bartolomeu Dias Domingos, said in an affidavit he would defend the action. He says he does not owe the airport company any money.

The airport company was supposed to contract a company to do maintenance on the three aircraft, he said. Lanseria supplied him with a quotation for the work due to be done and he paid the money directly to the airport company. Lanseria was unable to have the work done and the maintenance had to be sub-contracted to another company, which invoiced Domingos.

Lanseria is refusing to release the aircraft until he settled the amounts they claimed he owes, Domingos said. While this dispute is being resolved, the aircraft are stranded there. It is not his fault and he is not obliged to pay for the parking fees.

The matter is due back in court on a date still to be determined.

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