By Wahome Thuku
The suit is an additional headache to the airline that is already facing other economic hardships. Five Forty Aviation is a Nairobi-based low cost airline which has been operating domestic and international passenger and freight services in Kenya since November 2006.
Through lawyer Fred Athuok, Finejet told the court that 540 Aviation owed them $656,304 (Sh 55 million) as of June 30, 2011 for supply of jet fuel and as interest on the debt.
The company claims it had been supplying fuel to 540 Aviation since December 2008. The sale dispute first went to court in August last year and on February 14, 2012 a ruling was made compelling the airline to pay up.
Finejet managing director John Kimani told said the airline had subsequently made promises to settle the amount in $20,000 (Sh1.6 million) per week but has failed to make the payments.
On June 26, 2012 the petitioner served 540 Aviation directors with a demand to pay up the $656,304 within 21 days failing which they would institute winding up proceedings.
“The 21 days have lapsed but the company has neglected to pay or satisfy the said sum or any part thereof,” the company said in the petition.
“In the circumstances it’s just and equitable that the company should be wound up.”