Dr. Rajan Mahtani Majority Shareholder And Owner Of Portland Cement Zambia, Court Confirms

On 31st January 2019, the final results for the Portland Cement Zambia case were announced. This announcement came from Court of Appeal, the second court to take on the case. The case of Portland Cement Zambia is age old and was established first at the Lusaka High Court by Dr. Rajan Mahtani, a noted businessman and philanthropist with more than three decades of business experience in Zambia. After the registration of the case, Dr. Mahtani shares numerous evidences and testimonials to the Lusaka High Court and it is suggested that these evidences were more than enough to prove legal ownership and claim by Dr. Rajan Mahtani. However, various shortcomings of the court resulted in the case stretching for more than a decade. The final judgement from the case came during May, 2018 and was given by justice Nkonde. According to his final decision, Ventriglias were announced as only shareholders of the Portland Cement Zambia factory. It is clear that this decision was misdirected and as a result, Dr. Rajan Mahtani approached the Court of Appeal.

The judge at the Court of Appeal was justice Mwinde who gave the final judgement on 31st January 2019. According to this judgement, Dr. Rajan Mahtani owned Finsbury Investments holds 58 percent shares at the factory and is the majority shareholder of the Portland Cement Zambia. 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 actual owner of the factory. This decision from the Court of Appeal judge aligned with the original shareholders agreement established in 2007.

While giving this decision, the judge from the Court of Appeal also said that the judge below him was wrong in declaring Ventriglias as only shareholders of the Portland Cement Zambia as this decision was misdirected and without any basis.

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

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.