Indongo pays N$1,2 million to settle case

A HIGH Court battle that had been pending for more than 10 years has been laid to rest with an agreement that well-known Namibian entrepreneur Frans Indongo will pay N$1,2 million to a businessman who accused him of unlawfully occupying business premises at Outapi.

Indongo had faced legal action from a fellow businessman, Teofilus Mofuka, since June 1994, when Mofuka asked for a court order to eject an Indongo business from premises that Mofuka had previously occupied at Outapi. Mofuka claimed that the land where his ‘Omata Store’ was situated at Outapi had been allocated to him by an Ombalantu Headman, Petrus Salom, in 1980.He related in papers filed with the High Court that he was arrested in March 1992 on criminal charges “consequent upon a certain diamond transaction”, and that he was released again in April 1993.An unexpected sight greeted him when he arrived back in his home area of Ombalantu in May 1993, Mofuka said.He discovered that the premises where his business had been before his arrest had in the meantime been occupied by Indongo, who had established his Continental No 5 business complex at the premises.Indongo – who opposed the case – admitted that he was occupying the store that had once been Mofuka’s.He however denied that the Headman had had the authority to allocate the land to Mofuka in the first place.Indongo further claimed that he had paid N$140 000 in April 1992 for the right to occupy the land.He said he had concluded that transaction with someone who had obtained a default judgement against Mofuka for unpaid debts.To complicate matters just a little more, the papers that were placed before the High Court in Mofuka’s case against Indongo indicated that the default judgement Indongo referred to had in the meantime, in March 1994, also been rescinded.Mofuka and Indongo agreed to settle the matter after Judge Nic Hannah had already started hearing testimony in the High Court two weeks ago.In terms of their settlement agreement, which was made an order of the court, Indongo agreed to pay N$1,2 million to Mofuka, who in turn agreed to acknowledge Indongo as the legal possessor and occupier of the premises known as Continental No 5 at Outapi.He also agreed to withdraw his legal action against Indongo.Each of the parties agreed to pay its own legal costs.Mofuka claimed that the land where his ‘Omata Store’ was situated at Outapi had been allocated to him by an Ombalantu Headman, Petrus Salom, in 1980.He related in papers filed with the High Court that he was arrested in March 1992 on criminal charges “consequent upon a certain diamond transaction”, and that he was released again in April 1993.An unexpected sight greeted him when he arrived back in his home area of Ombalantu in May 1993, Mofuka said.He discovered that the premises where his business had been before his arrest had in the meantime been occupied by Indongo, who had established his Continental No 5 business complex at the premises.Indongo – who opposed the case – admitted that he was occupying the store that had once been Mofuka’s.He however denied that the Headman had had the authority to allocate the land to Mofuka in the first place.Indongo further claimed that he had paid N$140 000 in April 1992 for the right to occupy the land.He said he had concluded that transaction with someone who had obtained a default judgement against Mofuka for unpaid debts.To complicate matters just a little more, the papers that were placed before the High Court in Mofuka’s case against Indongo indicated that the default judgement Indongo referred to had in the meantime, in March 1994, also been rescinded.Mofuka and Indongo agreed to settle the matter after Judge Nic Hannah had already started hearing testimony in the High Court two weeks ago.In terms of their settlement agreement, which was made an order of the court, Indongo agreed to pay N$1,2 million to Mofuka, who in turn agreed to acknowledge Indongo as the legal possessor and occupier of the premises known as Continental No 5 at Outapi.He also agreed to withdraw his legal action against Indongo.Each of the parties agreed to pay its own legal costs.