Collapsed airliner Jetlink Express has been allowed to renew its pursuit of a $4 million (Sh400 million) claim against East African Safari Air Express (EASAX), six years after the case was dismissed by a High Court judge.
The Court of Appeal has ordered that the suit dismissed by Justice Luka Kimaru be reinstated and heard afresh.
Justice Kimaru dismissed the suit in 2009 when Jetlink opted to amend its court papers to further support its claim from EASAX.
The judge held that Jetlink’s failure to include the colossal claim in its audited accounts poked holes into the validity of its claim.
But the Court of Appeal has ruled that the judge’s decision was premature, as he should have allowed the matter to proceed to full hearing to ascertain whether the fallen airline’s claim was legitimate.
Jetlink sued EASAX in 2007 claiming that the Sh400 million arose from a ticketing and chartering deal the two airlines had signed. EASAX denied owing Jetlink any money and responded with a counterclaim of $902,141 (Sh92 million).
“We think the criteria the judge used to arrive at the conclusion ... when there were unproved allegations was rather subjective,” the Court of Appeal ruled.