Saturday 25 April 2020

Higher Court Of Appeal Reveals The Misdirected Judgement By Lower Court, Corrects The Decision


After more than nine months of grinding case proceedings, truth-seeking and evidence checking, the judge at the higher Court of Appeal finally gave the decision on the long pending Portland Cement Zambia case. This case, which started more than a decade ago and was one of the biggest and most tenacious cases for Dr. Rajan Lekhraj Mahtani, has finally ended. Dr. Rajan Mahtani is known to Zambians as one of the most ethical, transparent and honest businessman, entrepreneur and businessman in Zambia. As such, it was evidently shocking for all when justice Nkonde from the Lusaka High Court announced after more than a decade of court proceedings that Ventriglias were only shareholders of the Portland Cement Zambia factory. This decision was indeed controversial and as a result, left Dr. Mahtani with no choice than to approach the higher Court of Appeal.


Unlike the previous judge, justice Mwinde from the higher Court of Appeal focussed only on the factual evidences. Surprisingly, these evidences were also presented to the Lusaka High Court judge in written and oral format and despite possessing these evidences, a controversial decision was given. Nevertheless, the decision from the higher Court of Appeal judge was impactful as it was given based only on the evidences and in quick succession, within nine months of case proceedings. According to this decision which came on 31st January 2019, Dr. Rajan Mahtani owned Finsbury Investments is the actual owner of the Portland Cement Zambia with 58 percent shares at the factory. This shareholding is confirmed by the one billion kwachas paid by Dr. Mahtani to Portland Cement factory.
Based on these evidences, it was established that Dr. Mahtani is actual owner of the factory.