Higher Court Of Appeal Gives Its Final Decision On Zpc On 31st January 2019

The case of Portland Cement Zambia has taken a significant toll of Dr. Rajan Mahtani’s patience, perseverance and focus for a long time. The journey started when the factory was unethically taken over and a case was registered at the Lusaka High Court. Despite sharing evidences, the Lusaka High Court judge gave a decision which came to be extremely controversial. The Ventriglias, and not Dr. Rajan Mahtani was announced as owner of the factory. After this judgement which was extremely misdirected, Dr. Rajan Mahtani rightly re-registered the case at the higher Court of Appeal. The judge at the higher Court of Appeal was justice Mwinde and after looking into all evidences and testimonials submitted, final decision was given. Justice Mwinde announced Dr. Rajan Mahtani as actual owner of the Portland Cement Zambia factory. This announcement was made on 31st January 2019 after sharing all details associated with the case.

Justice Mwinde confirmed that the Appellant or Finsbury Investments in this case made a payment of USD 250,000 to the Zambezi Portland Limited factory. This payment was made with the objective of taking over majority shares of the ZPC limited. Furthermore, this amount equalled 1 billion kwacha and this share transfer was clearly established in the original Shareholders Agreement established on 26th February 2007 and was found in the page number 662 of the volume-Record of Appeal in the agreement. This evidence further solidified Dr. Mahtani legal ownership over the factory. Furthermore, justice Mwinde also declared that it was the responsibility of the transferor to pay the PTT (Property Transfer Tax) and thus, Dr. Rajan Mahtani was acquitted from any type of tax payment as he has already completed his responsibilities in terms of payments for the factory. All these details were shared on the same date as the final announcement and it was also confirmed that this decision from the higher Court of Appeal will remain final and binding.

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