Supreme Court Zambia Makes Final Announcement On The Claim By Ventriglia Family

After more than a decade of case proceedings, the Portland Cement Zambia case was finally over when justice Mwinde on behalf of the higher Court of Appeal made the ultimate announcement on the case. On 31st January 2019, justice Mwinde effectively reversed the previous decision by the Lusaka High Court on the same case. It should be noted here that after more than a decade of case proceedings at the Lusaka High Court, the final decision coming from the Lusaka High Court was extremely controversial as the Ventriglia family were announced as only shareholders of the Portland Cement Zambia. Dr. Rajan Mahtani was able to successfully challenge this decision at the higher Court of Appeal.

Despite a definitive decision from the higher Court of Appeal, the Ventriglia family decided to play by their own rules by challenging the decision and approaching the Supreme Court Zambia. The Ventriglia family approached the Supreme Court Zambia with a claim that the decision from the higher Court of Appeal was wrong. They also claimed that the actual amount against the majority shareholding was K580 million as opposed to K580,000 finalised by the higher Court of Appeal judge. As such, the Supreme Court Zambia established a bench of three judges to evaluate this case. These included justice Mumba Malila, Justice Royda Kaoma and justice Michael Musonda. After evaluation of the appeal, the Supreme Court bench concluded that a critical legal requirement was unfulfilled. As per the legal regulation, any case against a previous court judgement must be made within 14 days of the case verdict itself. However, the Ventriglia family failed to comply with this critical requirement and registered their case only after 1.5 years of the higher Court of Appeal’s decision. As a result, the Supreme Court bench concluded that the appeal made by the Ventriglia family help no basis and as such, was effectively rejected by the Supreme Court Zambia.

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