By Feni Hiveluah
A court case in which three sons of billionaire Aupa Frans Indongo were banned from coming within 10 meters of their fathers’ businesses, appeared in the Windhoek High Court recently to determine their legal aid application outcome.
In the matter, the core of the legal crisis stems from, what court documents call, an aggressive, unannounced confrontation that occurred on 02 May 2025 at the regional offices of BMR Properties CC in Ongwediva.
BMR Properties acts as the official property management firm tasked with running the Frans Indongo Business Trust’s lucrative northern real estate portfolio. However in 2024, the high court issued a restraining order against Engelbert, Festus, and Tobias Indongo who according to court documents arrived at the premises to abruptly demand a formal meeting with management.
The brothers allegedly disputed the legal framework of the property empire, declaring that the commercial assets held under the corporate trust actually belonged directly to their father and by extension, their family network.
The situation escalated when the brothers allegedly became aggressive and threatened property manager Gerhard Jacobsz. Fearing for his staff’s safety, Jacobsz activated the emergency panic button, and security services had to physically remove the brothers after they refused to leave.
“The [brothers]became very angry, rowdy, and emotional. They threatened Jacobsz, who became fearful for his safety and that of the fourth defendant’s staff. Mr Jacobsz activated a panic button. [They]refused to leave the [premises] despite Jacobsz’s several requests. The security services removed them from the [property].”
Court documents state that the corporate trust maintains that this was not an isolated incident, but part of a pattern of disruption tracing back to 2024.
The court filings paint a picture of ongoing friction, detailing how the brothers have systematically attempted to interfere with corporate employees, disrupt tenant relations, and compromise business operations.
Prior to the office confrontation, the trust stated that it had already taken steps to distance itself from the brothers and according to court documents formal legal warnings had been served to Engelbert and Tobias, barring them from stepping foot onto any trust-owned real estate.
“During 2024 and 2025, [they] engaged in improper conduct towards the Trust, its businesses, its immovable properties, its business operations and/or its staff members.”
Meanwhile, Festus, ignored written notices to remove his fleet of heavy trucks parked illegally on the company’s Oshakati property. “On or about 16 April 2025 and at Erf No. 1611, Oshakati, the fourth defendant, represented Jacobsz, sent an email to the second defendant to remove the second defendant’s trucks parked on the property… [Festus] defendant failed to remove the trucks.”
Arguing that the sons have brazenly disregarded past corporate warnings and continue to pose an unpredictable threat to staff safety and commercial operations, the trust claims it has been left with no other viable alternative but to seek a harsh, permanent restraining order from the high court.
“In the circumstances, the trust, has a clear right. Has a well-founded fear that the [brothers] will persist in their conduct and continue to go on to the trust’s above- pleaded immovable properties, threaten and disrupt the employees … at the aforesaid properties; there is no other adequate remedy available to the trust in the circumstances of this matter…”
The lawsuit demands the high court to issue a strict, permanent interdict restraining and banning the brothers from coming within 10 meters of, or stepping onto, four prime commercial properties in the hub of the north: Erf 1339, Erf 1611, and Erf 1320 in Oshakati, alongside Erf 3167 in Ongwediva.
In addition, the corporate trust is demanding that the sons pay the heavy financial bill for the lawsuit, including the costs of one instructing and two instructed legal counsel.
