CemAir vs Swissport SA

SA airline 'has no legal right to keep belongings; failed to convince court.'

- Roy Cokayne

Privately owned South African airline CemAir has been ordered by the High Court in Johannesburg to return all the equipment owned by airport ground services provider Swissport South Africa that it has in its possession by Sunday.

In a judgment handed down on Tuesday, Judge Leonie Windell ordered CemAir to return the equipment – airport passenger buses, baggage wagons, ground power units, air start units, a narrow body tug and three passenger aid units – within five days of her order.

She ordered that if CemAir fails to return the equipment within the stipulated time, the Sheriff of the High Court be authorized to attach and remove the equipment and deliver it to Swissport's premises at CemAir's cost.

Windell said CemAir's defence was that the parties entered into a tacit lease agreement in terms of which Swissport leased the equipment pending a sale agreement that may or may not be entered into at a later stage, and that it was therefore entitled to retain possession of the equipment.

Agreements

In terms of the many agreements between the parties, Swissport provided CemAir with aviation ground handling-related apparatus and services for about seven years before April last year.