HOW NATIONAL AIRPORTS NEGLIGENCE LED TO THE PARTIAL BURNING OF A HOTEL WITHIN KKIA
The High court of Zambia has proved the Zambia Airports Corporation(NAC) liable for negligence in the fire that burnt parts of Oslo Hotel at Kenneth Kaunda International Airport (KKIA) in 2020. On June 22, 2020, Oslo Hotel situated within KKIA, suffered damages estimated around K2.6million when a fire which started on NAC grounds spread to some of the infrastructure of the privately-owned hotel, aided by overgrown unmanaged dry grass.
Among the damaged infrastructure include several thatched chalets, a coffee shed, bar shed, and three swimming pools – totaling K2, 658,000.00. According to the claim filed by Lusaka law firm Ilunga and Company., Oslo Hotel claimed NAC breached the duty of care by failing to maintain the dry grass and also neglected to respond to the fire despite having the capacity to do so. Despite being notified when the fire broke out at Oslo Hotel, originating from the airport ground, NAC refused to dispatch its state-of-the-art fire engines which it said were on ‘stand-by’ for two commercial airlines on the air apron waiting for departure.
However, during cross-examination by lawyer representing Oslo Hotel, Joseph Ilunga, a NAC witness failed to substantiate assertions the fire engines were on stand-by for two commercial planes as according to official airport Log book, the two planes had left the airport way before the fire spread to Oslo hotel. The Oslo Hotel fire was eventually extinguished by a combined team of the Zambia Air Force Rescue Services and the Lusaka City Council Fire Brigade.
“Despite possessing fire tenders, the defendants (National Airports Corporation) failed to respond, thereby allowing the fire to spread unchecked. Their excuse that they were on standby owing to two airplanes that in the airport could not be taken as an explanation to fail to assist the Plaintiff (Oslo Hotel) as the evidence in their log book shows that the two planes left the airport even before the other two fire services arrived on the scene,” according to the judgment by High Court judge Catherine Mulenga Lombe.
“Had National Airports Corporation maintained its premises appropriately, the fire could have been avoided or contained before reaching Oslo’s Hotel,” she added.
Judge Lombe said all elements of negligence – duty, breach, causation, and damages are satisfied and that NAC is liable for negligence, and that Oslo Hotel is entitled to compensation.
“In view of the finding, National Airports Corporation is liable for negligence it follows that the plaintiff (Oslo Hotel) is entitled to the claim for damages. National Airports Corporation shall pay the Oslo Hotel compensatory damages for the loss and damage caused to Oslo Hotel’s property, including that not limited to the destruction of the thatched roofs, structural damage, and consequential repair costs. The amount of the compensatory damages will be assessed by an independent valuator to be appointed by the Court,” judge Lombe ruled.
She added that: “the defendant (National Airports Corporation) shall pay interest on the awarded sums at the current lending rates as determined by the Bank of Zambia from the date of the judgment until the same shall be satisfied.”
Judge Lombe directed NAC bear the costs of the legal action.
of the legal action.