Dr. Rajan Lekhraj Mahtani’s long-standing patience and perseverance was finally rewarded at the higher Court of Appeal. This decision was given on 31st January 2019, around nine months after the case was registered by Dr. Mahtani at the Court of Appeal. Previous to Court of Appeal, it was the lower Lusaka Court where the case was initially registered. It can be said that the day was a dark day for Dr. Mahtani when he approached the Lusaka High Court with the hope of receiving quick and genuine justice. Rather than providing true justice based on the given evidences and testimonials, justice Nkonde from the Lusaka High Court announced Ventriglias as the only shareholders of the Portland Cement Zambia. Considering the availability of significant evidence from Dr. Rajan Mahtani’s end, it can be said that the decision from Lusaka High Court judge was controversial.
Even though the verdict from Lusaka High Court was misdirected and was not expected by Dr. Mahtani, no confidence and faith was lost and higher Court of Appeal was approached for re-appeal. The legal system of a nation provides provision for individuals and businessmen to approach the higher court such as Court of Appeal or Supreme Court in case they are not happy or satisfied with the judgement of the lower court. And in this case, the final decision from the higher Court of Appeal judge clearly established the fact that the decision from the Lusaka High Court judge was indeed misdirected and unethical.
Nevertheless, the judge at the higher Court of Appeal was justice Mwinde and he announced the final decision after looking into evidences, ignored by the previous judge in a controversial manner. Based on the fact that Dr. Mahtani paid one million kwachas to Portland Cement for taking over 58 percent shares of the factory and written details in original shareholders agreement, final verdict gave Dr. Mahtani majority shareholding and ownership of the Portland Cement Zambia.