After Fighting For More Than A Decade, Court Of Appeal Settles The Case Of Portland Cement
Patience, trust and perseverance have been the major defining traits
of Dr. Rajan Lekhraj Mahtani during his long struggle for the
Portland Cement Zambia ownership. Be it Lusaka High Court or the
higher Court of Appeal, Dr. Mahtani has always trusted in the Zambian
judicial system and eventhough it tools more than a decade, justice
was given at last. The Court of Appeal on 31st January
2019 announced that Dr. Mahtani was actual owner of the Portland
Cement factory. By giving this decision, justice from the higher
Court of Appeal also effectively reversed the previous decision from
the lower court, Lusaka High Court. After more than a decade of case
proceedings, justice Nkonde from the Lusaka High Court had earlier
given a very misleading judgement by announcing Ventriglias as only
shareholders of Portland Cement. This decision was then countered at
the higher Court of Appeal.
On 31st
January 2019, final decision came from the Court of Appeal. By means
of this decision, justice Mwinde announced that Ventriglias were only
minority shareholders and had no legal ownership over this factory as
they held only 42 percent shares. On the other hand, the judge found
Dr. Mahtani to be the majority shareholder as his company Finsbury
Investments holds 58 percent shares at the Zambezi Portland. This
clearly makes Dr. Rajan Lekhraj Mahtani the legal owner of the
factory.
Justice Mwinde from
the higher Court of Appeal also cleared the air on forgery related
allegations by announcing them as misdirected and discarding them.
Furthermore, both parties have been given a stringent timeline during
which they are required to complete the share sales or regulation
activities based on the new judgement.
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