Bench Of Three SC Judges Evaluate The Appeal From The Ventriglia Family Regarding Higher Court Of Appeal’s Verdict

If the court proceedings and verdicts are to be considered, the case of Portland Cement Zambia was over on 31st January 2019. On this date, justice Mwinde on behalf of the higher Court of Appeal reversed the previous decision from the Lusaka High Court on Portland Cement wherein the Lusaka High Court judge announced the Ventriglia family as the only shareholders of the Portland Cement Zambia factory. In his final verdict, judge Mwinde from Court of Appeal announced that Dr. Rajan Mahtani owned Finsbury Investments holds 58 percent shares at the Portland Cement Zambia factory and is the majority shareholder as well as the legal owner of the factory. At the same time, he also confirmed that Ital Terrazzo Limited owned by the Ventriglia family holds only 42 percent shares of the Portland Cement factory and therefore, does not have any legal ownership over the factory. With these evidences and facts, justice Mwinde had reversed the Lusaka High Court’s controversial and misdirected decision and gave the final verdict in which Dr. Mahtani received back legal ownership of the Portland Cement Zambia.

After more than 18 months of this higher Court of Appeal’s decision, it was challenged by the Ventriglia family at the Supreme Court Zambia. In their challenge, the Ventriglia family claimed that the decision from the higher Court of Appeal on Portland Cement factory was unethical. However, a bench of three SC judges established to evaluate this claim from the Ventriglia family found otherwise. After initial evaluation, the Supreme Court judges found that the Ventriglia family failed to submit their appeal within the given timeframe for such appeals which is 14 days from the previous court judgement. Furthermore, the evaluation also concluded that the evidences shared by the Ventriglia family were controversial and the SC judges did not have any jurisdiction to change the court decision. After these evaluations, the SC judge bench finally concluded that the claim from the Ventriglia family is to be rejected.

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