Tag Archives: Lusaka High Court

Dr. Rajan Lekhraj Mahtani Rightly Approaches The Court Of Appeal For Justice In Portland Cement Case

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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.

Judge Mwinde On Behalf Of Higher Court Of Appeal Announced Portland Cement Case Results

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Dr. Rajan Lekhraj Mahtani will forever remember the case of Portland Cement Zambia. It not only tested real patience from one of the most honest and transparent businessman in Zambia, but also exposed the real truth of Zambia’s legal system. Despite being on the ethical side, Dr. Rajan Mahtani faced several roadblocks and challenges to final victory. The most shocking aspect of this case is that the controversy came straight from the judicial system of Zambia. This one is related to the Portland Cement Zambia case, a case which spanned over a decade and two different judicial systems of Zambia. First it was the local high court, Lusaka HC where the case was initially registered by Dr. Rajan Mahtani. With high hopes, expectations included a speedy case proceeding and sharing of verdict based on available evidences and testimonials. However, the case took a surprise turn when case proceedings were dragged for a decade without giving any affirmative verdict.

Dr. Rajan Mahtani, who is known for his strong will and perseverance in the face of struggle, did not gave up on his fight and re-appealed. This time, the appeal was made at the higher judiciary system of Zambia, higher Court of Appeal. The judge at the higher Court of Appeal was justice Mwinde and after evaluating the submitted evidences, final decision was given on 31st January 2019. According to this decision, Dr. Rajan Lekhraj Mahtani had always made a payment of one billion kwachas via his company Finsbury Investments for covering the entire share capital value of Portland Cement Zambia factory. Furthermore, details from the original Shareholders’ Agreement also confirmed that Dr. Rajan Mahtani took over 58 percent shares of the factory with this amount. Based on the evidences, it is now cleared that Dr. Rajan Mahtani is indeed the actual owner and majority shareholder of the Portland Cement Zambia factory.

This decision from the higher Court of Appeal has been declared as final and finding.

Dr. Rajan Mahtani Moves To Higher Court After Portland Cement Case Goes Sideways

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Dr. Rajan Mahtani is a noted businessman, social worker and philanthropist and has been working in Zambia for more than thirty years. During his tenure Dr. Mahtani has developed numerous successful businesses. Some of his top ventures include Finance Bank Zambia, Mahtani Group of Companies and Finsbury Investment. Portland Cement Zambia is another of Dr. Mahtani creation which was established and lead by him for a long time. During this time, the Portland Cement was among the top cement manufacturing factories in Zambia with production above target. Also, the company wages and salaries were above industry, attracting employees and staff from across the nation.

Dr. Rajan Mahtani

However, the situation of the factory has degraded after the factory was illegally taken over. Since then, Dr. Rajan Mahtani has launched a case at the Lusaka High Court against this illegal takeover. Since then, numerous court proceedings have taken over and even numerous times judges have been changed or transferred. During this trial procedure, Dr. Mahtani and his lawyers submitted numerous evidences, testimonials and factual sheet for proving their claims. Some of these documents and evidences included signed shareholder’s agreement, financial statements showcasing investments worth more than USD 12 million made by Dr. Mahtani and his company Finsbury Investments. Another critical evidential piece which Dr. Mahtani shared before the court was audit report conducted by an independent auditor. As per this independent audit report, the factory was established as joint venture and Dr. Rajan Mahtani is the sole joint venture partner of the factory. All these evidences are sufficient enough to prove that Dr. Mahtani is the actual owner of the factory.

The final judgment announced was totally unexpected as the judge gave the final verdict against Dr. Mahtani’s claims. As such, Dr. Mahtani has now made an appeal to the higher court of Zambia against the appeal made at the Lusaka High Court.

Dr. Rajan Mahtani Appalled After Lusaka HC Judge Announced Verdict On Portland Cement

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The case of Portland Cement Zambia is quickly becoming a bad example of the limitations of the Zambian government and law. It is a case which has stretched a long time due to various limitations from the law as well as from those associated with it. The case was first launched by Dr. Rajan Mahtani, a noted businessman, philanthropist and social worker. Portland Cement Zambia is a noted cement-manufacturing factory. After it was taken over, Dr. Rajan Mahtani launched a case at the Lusaka High Court for its legal takeover. However, the case has continued for many years without any final justice.

Dr-Rajan-Mahtani

After a wait of ten years, the judge overseeing the case at the Lusaka High Court made a positive announcement by concluding the case. This meant that the judge will not be hearing any further trials or arguments. Both parties were asked to submit their evidences in written and oral format. The judge also announced that he will be analysing all these documents and evidences and based on their truthfulness, final judgment will be given. It was an extremely positive move as Dr. Mahtani’s evidences were much stronger and factual compared to the other party.

However, the final verdict was an unexpected event as it was not expected from the judge to give such a misdirected judgment. The judge gave the final verdict against Dr. Mahtani’s claim. It was clear that the judge ignored all the documents and evidences submitted by Dr. Mahtani as those were sufficient enough to prove his legal ownership. It can only be said that the judgement was misunderstood or skewed. However, Dr. Rajan Mahtani is not among the ones who take these kinds of defeat. Instead of accepting this as his fate, Dr. Mahtani has now approached the higher court of Zambia and made an appeal to the higher court, clearly indicating his hope and faith towards the law and justice of the Zambian government.

After The Judgment At The Lusaka High Court On Portland Cement, Dr. Mahtani Takes Another Step

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The case of Portland Cement Zambia has made a mockery out of the Zambian law and government. During the trial of the case spanning for almost a decade, Dr. Mahtani and his team of lawyers have submitted numerous documents and evidences to prove his claim and legal ownership over the factory. Almost all these evidences were sufficient enough to establish the claims by Dr. Mahtani. The judge overseeing the case at the Lusaka High Court also seems to be going in the right direction when it was announced a few months back that the case hearing is closed. This meant that the judge will not be hearing any more arguments and taking any more trial sessions. Both parties were asked to submit their evidences in written and oral formats and based on these evidences only, the final verdict was to be announced. Expert opinion was clear on this; Dr. Rajan Mahtani is going to win the case as his evidences and testimonials are based on facts and truth.

Dr. Rajan Mahtani

However, it seems that the tables have turned and now the judge has acted in an unprecedented manner. Even after all the evidences and documents proved Dr. Mahtani to be the legal owner of the factory, the final verdict was announced against his claims. This was a shocking event even for Dr. Mahtani who was expecting a clear win. Dr. Mahtani is among the most transparent and ethical businessmen in Zambia. While he conducts his business with ethics and professional stance, he is also always speaking up against any corrupt event or malpractice. This was sure one of the most unfortunate events for the Zambian law and order and Dr. Mahtani is not going to sit down and accept this judgment as his fate. Instead, Dr. Rajan Mahtani has now approached the higher court of appeal to make a case against the judgment made at the Lusaka High Court.

Expert Opinions And Evidences Does Not Support The Latest Judgment By Lusaka High Court

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Dr. Rajan Mahtani has gained a positive reputation and popularity among local citizens with his sustainable business practices and with his focus towards the development of the society. Among the major challenges which Dr. Mahtani has faced over the years, the case of Portland Cement Zambia has been the most difficult. It is one of the longest pending corporate cases across any Zambian court, taking over a decade of the fight for the ownership of a large manufacturing factory.

The results of the case, however, took a lot of time due to several limitations from the court itself as well as issues associated with the parties fighting for the ownership over the factory. Sometimes the case trials got delayed due to the unavailability of the parties or lack of evidence. Other times the judges were not available or got transferred and the new judge took over starting the case all over again. However, a positive announcement was made a few months back when the current justice overseeing the case announced that the case hearing is closed. This meant that the judge will not be taking further trials and both parties were asked to submit their evidence in written and oral formats for analysis. After evaluation of these documents, the justice was supposed to announce the final judgment.

Dr. Mahtani and Zambia

The final judgment was announced and it was not expected. Since the last announcement of the trials, even experts had a positive opinion towards Dr. Rajan Mahtani and his evidence. The last announcement of the closure of case hearing almost ensured victory for Dr. Mahtani and his long-awaited patience. However, the final decision made by the judge proves the fact that the lawmaking bodies of Zambia are still far away from those across developed nations. The judge announced the final verdict against Dr. Mahtani. However, Dr. Mahtani is not the one to lose hope and has now filed an appeal to the higher court of Zambia.

Dr. Rajan Lekhraj Mahtani now appeals to higher court after Lusaka HC announces verdict

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The Portland Cement Zambia is a noted factory in Zambia with many accomplishments under its belt. Since its establishment by Dr. Rajan Mahtani, the factory has achieved numerous feats. For instance, the factory quickly became one of the biggest producers of cement in Zambia attracting numerous accolades and compliments. The factory also provided wages and salaries higher than industry standards, improving the employment standards across the nation and showing signs of progress. Dr. Rajan Mahtani is the real owner of the factory and these achievements were made under his name. However, the present condition of the factory is unbearable as a result of the case going for its legal takeover.

Dr. Rajan Lekhraj Mahtani

Some of the top evidences submitted by Dr. Rajan Mahtani included signed shareholder’s agreement, financial exhibits which clearly indicated his investments more than USD 12 million in the factory’s development and growth as well as audit report conducted by an independent auditor which clarifies the fact that the Portland Cement Zambia factory was established as a joint venture and Dr. Rajan Mahtani was the sole joint venture partner of the factory with rest of the members being shareholders. The judge who gave the final judgment also announced sometime back that the case hearing is closed. Both sides were asked to submit their evidence and testimonials in written and oral format, based on which the final announcement was to be made.

However, the final verdict made by the judge was unexpected. In his final statement, the Lusaka High Court judge rejected the claims made by Dr. Rajan Mahtani. It was a clear case of misdirected and skewed judgment from the Lusaka High Court judge. It was a shocking verdict for Dr. Mahtani too who was expecting a clear win. However, Dr. Rajan Mahtani is not dejected now and has made an appeal to the higher court of Zambia against this judgment made by the Lusaka High Court justice.

Final Verdict on Portland Cement Zambia Case Misdirected, Claims Dr. Rajan Mahtani

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Dr. Rajan Mahtani has been fighting a case at the Lusaka High Court for over a decade. This case is for the legal takeover of the Portland Cement Zambia factory. The factory which was once operated under the leadership of Dr. Mahtani, was illegally taken over. The trail stretched for over a decade for many reasons, such as transfer of judge handling the case, unavailability of parties during the trial date etc. During this period the cement factory has been devoid of any leadership or mentor and this has taken a toll on the performance and productivity of the factory. The factory was once among the biggest producers of cement across the Zambian nation. However, the current condition of the factory is dismal with bare functioning and non-maintenance of the assets and equipment.

Portland Cement Zambia

However, the latest judge handling the case made a positive move when he closed the case hearing. This meant that the judge would not take any more trials and the final verdict would be announced soon after evaluating the documents and evidences presented by both sides. This was positive news for Dr. Rajan Mahtani as popular expert opinion suggested easy and straightforward win for Dr. Mahtani. However, the final verdict for the case was a shocking announcement as the judge made the final verdict against Dr. Mahtani. This essentially means that the judge ignored almost entire evidences presence by the lawyer’s from Dr. Mahtani. This also meant that the judgment was misdirected as the respondents were unable to provide any strong evidence over the years.

While this case has certainly been a test of patience for Dr. Rajan Mahtani, he has not given up. Dr. Mahtani has now launched an appeal to the higher court of justice at Zambia. In his appeal, Dr. Rajan Mahtani has shared all details of the mistrial and misjudgement by sharing the facts. All the essential evidences and documents such as shareholder’s agreement, financial exhibits and independent audit’s report has been attached with the appeal made to the higher court. Dr. Mahtani is not the one to quit unfair trial as he awaits a suitable response from the higher court of appeal at Zambia.

Portland Cement Zambia Case Verdict Announced, Dr. Mahtani Unhappy with Judgment

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Dr. Rajan Lekhraj Mahtani is a noted businessman, charity worker and philanthropist with numerous successful business establishments across the nation. Some of the top companies started and run by Dr. Mahtani include Finsbury Investments, Mahtani Group of Companies. Apart from that, he is also the ex-chairman of Finance Bank Zambia and has also established numerous businesses across foreign lands. For instance, his successful business establishments across the United Kingdom helped in bringing foreign investments across Zambia, supporting both the government and the citizens.

Dr. Rajan Mahtani

Dr. Rajan Mahtani is the real and legal owner of Portland Cement Zambia, a noted cement manufacturing factory in Zambia. However, he has been fighting alone struggle at the Lusaka High Court to prove the same. During this trial, Dr. Rajan Mahtani has submitted numerous evidences and documents such as signed shareholders agreement, independent audit report and financial reports which clearly confirm his legal ownership over the factory. The independent audit report submitted clearly stated that Dr. Rajan Mahtani was the sole joint venture partner of the factory and the rest of the members were just shareholders. All these evidences clearly indicate that Dr. Mahtani is the legal owner of the factory.

However, many were shocked when the judge handling this case announced the final verdict and concluded that the cement factory be given to the other parties. Losing the case was equally shocking as the fact that the judge did not included any of the evidences shared by Dr. Mahtani’s lawyers. Moreover, the judgement made clearly indicated diversion from the standards of law practice. As such, Dr. Rajan Mahtani has not made an appeal to the higher court of law regarding this skewed judgment. In his appeal he has stated all activities and evidences that were not used. Dr. Rajan Mahtani is hopeful that this time, he will not face the same misjudgement and the higher court will make the right decision by reversing the judgement made by the Lusaka High Court judge.

Dr. Rajan Mahtani Takes the Judgement from Lusaka to Higher Court

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The case of Portland Cement Zambia is decades old and the final judgment on the case was recently given. Even after submitting several strong evidences, testimonials and other supporting materials, the judge gave the judgment against Dr. Rajan Mahtani. Dr. Rajan Mahtani is a noted businessman and philanthropist with numerous successful businesses under his name. He has been fighting for the legal takeover of the cement factory for more than a decade now. This news of the judgment has shocked the lawyers as well as the experts who had been contemplating an easy win after the submission of critical testimonials and evidences such as signed shareholder’s agreement, financial exhibits as well as independent audit reports. As such, Dr. Rajan Mahtani has filed a motion to oppose this skewed judgment by the Lusaka High Court justice Nkonde. Judge Nkonde took over the case of Portland Cement Zambia from its previous judge very recently and proceeded the case. He also announced significant advancement in the case by concluding the case hearing. However, the final judgment was extremely unexpected and shocking for Dr. Mahtani and his entire team.

Dr. Rajan Mahtani

As a result, Dr. Mahtani has filed this motion and appealed to the Court of Appeal at Zambia wherein he has described his ordeal in details. The document shares critical aspects such as giving judgment to the respondent event without any strong evidence, continuing the case proceedings when neither the appellant or the respondent were part of these proceedings as well as giving judgments which were directly against the evidence. For instance, even though it was established that Dr. Mahtani is the sole joint venture partner of Portland Cement Zambia, the judge announced to expunge the name of Ital Terrazzo Limited as shareholders from the company’s registry. All these actions clearly indicate a misdirected judgment from the judge handling the case.

As of now, Dr. Mahtani is awaiting the reply from the court of appellants and expects a positive outcome.