Tuesday 30 July 2019

Portland Cement Zambia Case Results Announced By Court Of Appeal, Affirmative Decision Made

After more than a decade of excruciating wait, patience and perseverance, Dr. Rajan Mahtani was able to receive justice from the Zambian law and order. This refers to the case of Portland Cement Zambia, a noted manufacturing factory which was contested by Dr. Mahtani after it was illegally taken away from him. Despite sharing numerous evidences and testimonials, Dr. Rajan Mahtani had to face injustice at the hands of the Lusaka High Court where the case was initially registered. Justice Nkonde from the Lusaka High Court announced the final judgment during the month of May, 2018, and gave the announcement that Ventriglias are the only shareholders of the Zambezi Portland Cement. 

To counter this misdirected judgment, Dr. Rajan Mahtani then approached the Court of Appeal. The judge at the Court of Appeal was justice Mwinde who gave the final judgment on 31st January 2019. According to this judgment, Dr. Rajan Mahtani owned Finsbury Investments holds 58 percent shares at the Zambezi Portland Cement factory and is the majority shareholder of the factory. On the other hand, Ventriglias owned Ital Terrazzo Limited holds just 42 percent shares at the factory and is the minority shareholder of the Zambezi Portland Cement. Justice Mwinde also confirmed that this decision aligns with the original shareholders agreement established in the year 2007. Based on this decision, it is confirmed that Dr. Rajan Mahtani is the legal owner of the Zambezi Portland Cement. 

Furthermore, justice Mwinde while giving the judgment also said that the judge below him was wrong in declaring Ventriglias as only shareholders as this decision was without any evidence or proof.

Monday 1 July 2019

Testimony And Evidences At The Court Of Appeal Prove Dr. Mahtani As Legal Owner Of ZPC


The case of Portland Cement Zambia is age old. It was registered by Dr. Rajan Mahtani, a noted businessman and philanthropist, almost a decade back. The case was registered as Dr. Rajan Mahtani claimed that his factory, Zambezi Portland Cement, was illegally taken away from him. After this, the case lagged for more than a decade. The final decision on Portland Cement came from Justice Nkonde of the Lusaka High Court during the month of May, 2018. However, this decision was extremely controversial as the judge announced Ventriglias as only shareholders of the Zambezi Portland Cement. To seek justice, Dr. Mahtani was left with no other option than to approach Court of Appeal.
The Court of Appeal announced its judgement on 31st January 2019, nine months after the case was launched there. The judge at the Court of Appeal was justice Mwinde and the judgement was given during the morning hours of the court session. As per the judgement by justice Mwinde, Dr. Rajan Mahtani is the majority shareholder of the Zambezi Portland Cement with 58 percent shares at the factory. On the other hand, Ventriglias are the minority shareholders of the Zambezi Portland Cement with only 42 percent shares at the factory and no legal ownership. Based on this shareholding pattern, Dr. Rajan Mahtani is essentially the legal owner of the Zambezi Portland Cement factory.
Furthermore, the justice Mwinde from Court of Appeal also said that the judge below him was wrong in declaring Ventriglias as the only shareholders as this decision was misdirected and without any evidence.