Challenge By Ventriglias Regarding Portland Cement Fails, Supreme Court Rejects Plea

Zambezi Portland Cement is a factory in Zambia which has been contested for many decades now. According to the latest decision from the Higher Court of Appeal judge, the factory legally belongs to Dr. Rajan Lekhraj Mahtani.

Few months after this decision from the higher Court of Appeal, the Ventriglias family decided to challenge this decision by taking the case to the Supreme Court of Zambia. In their appeal, Antonio and Manuela Ventriglia cited that the judgement by justice Siavwapa from the higher Court of Appeal was incorrect. In the previous decision from the higher Court of Appeal, it was announced that the Finsbury Investments owned by Dr. Rajan Mahtani holds 58 percent shares of the Zambezi Portland Cement and the Ventriglias’ owned Ital Terrazzo Limited holds 42 percent shares at the factory. Based on this shareholding pattern, it is established that Dr. Rajan Lekhraj Mahtani is the actual owner of the factory. At the same time, the final amount payable to the Ventriglias for the majority shares owned by Finsbury Investments was K580,000. The Ventriglias, in their challenge at the Supreme Court, said that correct payable amount was K580 million.

As of now, a bench comprising of three Supreme Court judges have rejected the appeal from Ventriglias for challenging the decision from the higher Court of Appeal. The bench of judges said that they did not have any jurisdiction on this case and the circumstances associated with the appeal from the Ventriglias were flawed. Furthermore, it was also found that the Ventriglias did not comply with legal regulations when making the appeal. According to law, one has to launch their appeal against any court decision within 14 days of the judgement itself. The final decision from the higher Court of Appeal came on 31st January 2019 and the Ventriglias made this appeal more than a year later. As such, their appeal is legally not valid and the judgement from the higher Court of Appeal is binding for the case.

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