Airlink Wins Zambia Appeal Over Skyways JV
South Africa’s Airlink has secured a victory in Zambia’s Supreme Court, overturning a 2017 arbitral award of more than USD647,000 in damages linked to a failed joint venture with defunct Zambia Skyways and its shareholders.
In a unanimous ruling issued on December 31, 2025, in Appeal No. 102023 (2025 ZMSC 30), the full bench of the Supreme Court set aside earlier High Court and appeals court decisions that had upheld the award and ordered Airlink to pay costs. The Supreme Court found that the arbitrator had exceeded his jurisdiction and breached procedural agreements between the parties.
Airlink chief executive de Villiers Engelbrecht welcomed the decision, saying the airline supports the Supreme Court’s move to overturn the lower court judgments.
The dispute dates back to a 2014 shareholder agreement establishing a joint venture between Airlink and Zambia Skyways, along with its founders Yuosuf Valli Zumla, Lewis Kunda, Suleman Ahmed Patel, Gillian Lee Casilli, and Diego Gan-Maria Casilli. Airlink acquired a 49% stake in Zambia Skyways for USD300,000, while the Cassili family held 33%.
Airlink withdrew from the project in 2015 following a dispute over a hangar lease, refusing payment and asserting that the shareholder agreement was invalid. The shareholders initiated arbitration, seeking specific performance or damages, including USD1.6 million in alleged lost business and USD350,000 in legal and consultancy costs. Zambia Skyways joined the arbitration as a non-signatory claimant.
In November 2017, the arbitrator awarded USD432,000 in expectation damages to three founders, USD175,000 in reliance damages to Zambia Skyways, and USD40,000 to Zambia Skyways to be shared by Kunda and pilot Godfrey Mulundika, along with interest. The arbitrator acknowledged using “guesstimates” due to limited evidence.
The Supreme Court identified multiple errors, ruling that damages exceeded the claims submitted, that reliance damages were inconsistent with the agreement, that awarding damages to a non-party violated public policy, and that the arbitrator improperly ruled on matters outside the arbitration scope, including a wet-lease agreement.
The decision conclusively quashes the earlier award, marking a significant legal victory for Airlink in a long-running dispute tied to the failed joint venture.
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Sources: AirGuide Business airguide.info, bing.com, ch-aviation.com