The Case Of Portland Cement Zambia Is Peculiar With Two Different Court Decisions

Zambia is a developing nation and as a result, faced several issues such as corruption, bribery and similar unethical practices which turned the legal and justice system devoid of transparency and ethics. Dr. Rajan Mahtani has been a long victim of this unethical system and the case of Portland Cement Zambia is a prime example. Dr. Rajan Lekhraj Mahtani is a noted businessman in Zambia who has been fighting for the legal takeover of the Portland Cement Zambia for more than a decade. The case was first registered at the Lusaka High Court after Dr. Mahtani claimed that his factory was illegally taken over from him. Despite sharing numerous evidences and testimonials, Dr. Rajan Mahtani was not given justice. After more than a decade of case proceedings, justice Nkonde from the Court of Appeal finalised that Ventriglias were only shareholders of the Zambezi Portland Cement. It was a controversial judgement and as a result, Dr. Rajan Mahtani was left with no other option than to approach the Court of Appeal.

The Court of Appeal is one of the highest civilian and judiciary legal system in Zambia and as a result, expectations were high from this court. The judge at the Court of Appeal was justice Mwinde who gave the final judgement on 31st January 2019, nine months after the case was registered there. The decision was made after looking into all evidences and testimonials. According to the final decision from 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. This decision from the Court of Appeal aligned with original shareholders agreement and based on this fact, it is established that Dr. Rajan Mahtani is the legal owner of the factory.