Zim family sues for US$1m, Air Nam planes impounded
A court order has been issued in Zimbabwe to impound Air Namibia planes, after a family in the neighbouring country sued Namibia's national carrier for US$1 million.
The legal action stems from the alleged inconvenience suffered by Zimbabwean family members, after they were detained for two days by Air Namibia officials in Windhoek, while in transit to Turkey. The family was, according to Zimbabwean media, then deported back to the neighbouring country.
The applicants in the lawsuit are Chenjerai, Fadzai, Rutendo and Tadiwanashe Mawumba and Juliana Magombedze.
According to court papers, the family claimed to have been unlawfully detained by Air Namibia officials, before being deported back to Zimbabwe last year.
Zimbabwean newspaper NewsDay reported that High Court judge, Justice Tawanda Chitapi, issued a court order authorising the impounding of Air Namibia planes and the attaching of office equipment at Joina City in Harare, pending an application for damages by the Zimbabwean family.
The order dated 26 June, was granted after the family approached the court seeking an order to confirm the jurisdiction of the Zimbabwean High court in the family's US$1 million litigation against Air Namibia.
The standoff between the family and Air Namibia started in February last year, after they were denied access to an Air Namibia flight to travel to Europe.
It was reported that on 31 January last year the Turkish embassy issued the family visas for travel to Turkey and on 15 February they purchased five economy class tickets from Air Namibia to Istanbul.
On the same date, the family boarded an Air Namibia flight at Robert Mugabe International Airport in Harare to Windhoek, en route to Turkey through Frankfurt, Germany.
However, Mawumba reportedly said that upon arrival at Hosea Kutako International Airport in Windhoek, his family was advised by Air Namibia officials they were not permitted to travel to Turkey because of their Zimbabwean nationality.
“This communication was made in the most racist, arbitrary and extemporary fashion I have ever countenanced,” NewsDay quoted Mawumba saying.
It was pointed out that the denial to board the flight to Europe was not done by Namibian and Turkish immigration authorities, but by Air Namibia officials.
The family further claimed that the airline's officials allegedly illegally detained and harassed them at Hosea Kutako International Airport for two days, causing them pain and suffering. They were apparently not offered any food or accommodation and said it was the most horrifying time of their lives.
They, therefore, sought an order to attach the airline's property in Zimbabwe to satisfy their US$1 million demand.
Air Namibia spokesperson Paul Nakawa told Namibian Sun yesterday the airline would revert after having established the facts of the matter. Namibian Sun wanted to know whether Air Namibia had been informed of the court order and why the family was refused access to travel to Turkey.
The newspaper had also sought comment on the racism claims made by the family.
Namibian Sun also wanted to know why Air Namibia staff had refused the family access to its flight to Europe, on what basis this was done and why immigration officials had not been the ones to do this.
Air Namibia was also asked if it will be challenging the court order and what the process going forward will be.
ELLANIE SMIT
The legal action stems from the alleged inconvenience suffered by Zimbabwean family members, after they were detained for two days by Air Namibia officials in Windhoek, while in transit to Turkey. The family was, according to Zimbabwean media, then deported back to the neighbouring country.
The applicants in the lawsuit are Chenjerai, Fadzai, Rutendo and Tadiwanashe Mawumba and Juliana Magombedze.
According to court papers, the family claimed to have been unlawfully detained by Air Namibia officials, before being deported back to Zimbabwe last year.
Zimbabwean newspaper NewsDay reported that High Court judge, Justice Tawanda Chitapi, issued a court order authorising the impounding of Air Namibia planes and the attaching of office equipment at Joina City in Harare, pending an application for damages by the Zimbabwean family.
The order dated 26 June, was granted after the family approached the court seeking an order to confirm the jurisdiction of the Zimbabwean High court in the family's US$1 million litigation against Air Namibia.
The standoff between the family and Air Namibia started in February last year, after they were denied access to an Air Namibia flight to travel to Europe.
It was reported that on 31 January last year the Turkish embassy issued the family visas for travel to Turkey and on 15 February they purchased five economy class tickets from Air Namibia to Istanbul.
On the same date, the family boarded an Air Namibia flight at Robert Mugabe International Airport in Harare to Windhoek, en route to Turkey through Frankfurt, Germany.
However, Mawumba reportedly said that upon arrival at Hosea Kutako International Airport in Windhoek, his family was advised by Air Namibia officials they were not permitted to travel to Turkey because of their Zimbabwean nationality.
“This communication was made in the most racist, arbitrary and extemporary fashion I have ever countenanced,” NewsDay quoted Mawumba saying.
It was pointed out that the denial to board the flight to Europe was not done by Namibian and Turkish immigration authorities, but by Air Namibia officials.
The family further claimed that the airline's officials allegedly illegally detained and harassed them at Hosea Kutako International Airport for two days, causing them pain and suffering. They were apparently not offered any food or accommodation and said it was the most horrifying time of their lives.
They, therefore, sought an order to attach the airline's property in Zimbabwe to satisfy their US$1 million demand.
Air Namibia spokesperson Paul Nakawa told Namibian Sun yesterday the airline would revert after having established the facts of the matter. Namibian Sun wanted to know whether Air Namibia had been informed of the court order and why the family was refused access to travel to Turkey.
The newspaper had also sought comment on the racism claims made by the family.
Namibian Sun also wanted to know why Air Namibia staff had refused the family access to its flight to Europe, on what basis this was done and why immigration officials had not been the ones to do this.
Air Namibia was also asked if it will be challenging the court order and what the process going forward will be.
ELLANIE SMIT
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