With the ever-increasing practice of leasing aircraft for
operation across Africa, owners and financiers would be
well-advised to familiarise themselves with their insurance
policies, and to look beyond their policies for additional security
in the form of registering rights and mortgages. In addition, the
conduct of owners and lessors in their business practices could
become the subject of some scrutiny in determining whether a claim
is indeed an indemnifiable one.
Air service operations in Africa differ vastly from country to
country. Within this competitive and tricky market, many commercial
transactions have resulted in disputes, some even resulting in a
complete breakdown of the relationship and the retention of
aircraft by lessees. Matters are complicated further as the
enforcement of written lease agreements is problematic in the
foreign legal jurisdiction, and owners can find themselves in a
difficult position minus one expensive asset. So what are