Portland Cement Zambia Legal Ownership Goes Back To Dr. Rajan Mahtani, Confirms Court Of Appeal

The final results for the long-pending Portland Cement Zambia case were announced on 31st January 2019. This announcement came from Court of Appeal, one of the highest legal systems in Zambia. Before Court of Appeal, the case of Portland Cement Zambia was pending at the Lusaka High Court for more than a decade. The case was initially registered by Dr. Rajan Mahtani himself after claiming that the factory was illegally taken over from him. After sharing numerous evidences and testimonials, the judge at the Lusaka High Court shared the final decision. However, this decision was extremely controversial as according to this, Ventriglias were announced as only shareholders of the Zambezi Portland Cement.

To counter this controversial and misdirected decision, Dr. Mahtani then approached the Court of Appeal. The judge at the Court of Appeal was justice Mwinde who gave the final decision on 31st January 2019 during the morning session. Compared to the one decade wait at the Lusaka High Court, this was a speedy decision as justice Mwinde gave the final judgement within nine months of registering the case at the Lusaka High Court. Also, the decision was given only after looking into all evidences and testimonials which were somehow ignored by the previous judge. According to the final decision from the Court of Appeal, Dr. Rajan Mahtani owned Finsbury Investments is majority shareholder of the Zambezi Portland Cement with 58 percent shares. On the other hand, Ventriglias owned Ital Terrazzo Limited holds just 42 percent shares at the factory and is the minority shareholder without any legal ownership over the factory. Based on this decision, it is clear that Dr. Rajan Mahtani is the legal owner of the factory. Justice Mwinde, while giving this decision, also said that the judge below him was wrong in declaring Ventriglias as only shareholders as this decision was without any basis and was against the interest of the public policies.

Zambia and Dr. Rajan Mahtani Upset With The Latest Judgment At The Lusaka High Court

The government of any nation plays significant role in ensuring law & order of the nation. In a similar manner, law making constitutions and bodies created by government have the responsibility of ensuring that the national laws, standards and regulations are followed and complied with. These include regulatory bodies, courts, rehabilitation centres as well as other law-making establishments. Smooth and proper functioning of these establishments is essential for the proper running of a nation. Zambia has seen growth and development in the past few years and this can be attributed to the contribution from its economic sector. At the same time, the current government of Zambia is facing numerous challenges and limitations, especially in the area of law making as well as speedy court processes. A prime example of these limitations can be observed from the Portland Cement Zambia case.

Dr-Rajan-Mahtani

Portland Cement Zambia case was initiated by Dr. Rajan Mahtani after the factory was illegally captured. Instead of using the same tactics and getting back the factory by illegal or unethical means, Dr. Mahtani took the legal path and launched the compliant. However, it has been more than ten years since the launch of the case and the court has not been able to provide any concrete judgment on the case, till now. During the trial period, Dr. Mahtani and his lawyers submitted numerous documents and evidences that prove his legal worthiness over the factory. Also, the judge overseeing the case announced that case hearing was closed which was a positive news for Dr. Mahtani considering his evidences and testimonials were more than enough to prove his legal ownership over the factory.

Zambezi Portland Cement

However, the final announcement was made and it shocked everyone. Final judgment was given against Dr. Mahtani’s claims. As such, Dr. Rajan Mahtani has now approached the higher court of appeal to refute the misdirected judgment made at the Lusaka High Court.