Aviation

Anjarwalla & Khanna has a well-developed aviation practice providing advice on all aspects of aviation law in East Africa, including commercial, financial, aircraft leasing, regulatory and litigation. We act both for aviation firms as well as other clients, such as banks and investment funds, seeking to invest in this sector.

Matters in this sector include:

  • Acting for JPMorgan Chase Bank, a national bank and a subsidiary of JP Morgan Chase, a multinational banking and financial services holding company, in connection with aircraft purchases from Kenya Airways, including conducting lien searches in Kenya and the International Registry of Mobile Assets in Dublin, Ireland; the de-registration of two Boeing 777-200ER Aircrafts with Kenyan Registration mark 5Y-KYZ and 5Y-KQU from the Kenya Civil Aviation Authority pursuant to the sale and export of the Aircrafts to Omni Air International, USA.
  • Advising HNZ Group, an international provider of helicopter transportation and related support services, in connection with an acquisition of Tazk Aviation, subsidiaries and aircraft assets situated in Kenya and Tanzania, including addressing various tax issues such as the most suitable holding company jurisdiction, Value Added Tax, excise duty and corporation taxes from both a Tanzanian and Kenyan perspective.
  • Acting for a consortium of foreign companies, including Bravia Capital, a global fund investing in transportation and related logistics businesses, and Hainan Airlines, the largest privately owned air transport company in China, on the consortium’s USD 50 million investment into a Kenyan airline, including advising on aviation law and regulations.  This was the first ever private Chinese investment into the private aviation sector in Kenya.
  • Advising Sky Relief, a Swiss-owned aviation firm specializing in service to remote areas and conflict zones, on its financing arrangements, including reviewing leasing arrangements and drafting and registering aircraft mortgages.
  • Advising Wesbank, a leading financier in South Africa, on both Kenyan and Ugandan legal and regulatory issues in relation to aircraft leasing, mortgage finance of aircrafts and project finance.
  • Acting FastJet on its establishment of a new pan-African, low cost airline by leading international airline magnate, Stelios Haji-Ioannou, founder of EasyJet, including advising on transactional and litigation matters arising out of the acquisition of a controlling interest in Fly 540, regulatory issues, aircraft leasing and overall expansion projects throughout Tanzania, Kenya, Rwanda and South Africa.
  • Advised Aero Century on the sale of an aircraft to DAC Aviation pursuant to a settlement, including negotiating the terms of the settlement and drafting the aircraft sale and purchase agreement and ancillary documentation.
  • Acting for ACL Aircraft Trading, one of the world’s leading aircraft leasing companies on a number of leasing transactions with companies operating in Kenya.
  • Advising Aero Century on an aircraft engine substitution, including drafting necessary documentation and procuring required regulatory approvals.
  • Advising Kenair on an aircraft lease with Yellow Wings Air Services, including drafting the transaction documents.
  • Advising BNP Paribas, Mayer Brown LLP and Leaseair & Co on the discharge of aircraft mortgages and on the sale of an aircraft.
  • Advising Pearl and Eastok on the lease of an aircraft to an East African airline, including drafting the lease agreement and other transaction documents and issuing an opinion.
  • Advising BNP Paribas on its lending facility to a local aviation company for the purchase of a number of aircraft, including drafting security documentation and handling regulatory notifications.