Thursday, 26 November 2020

Supreme Court Zambia Does Not Agree With Ventriglias’ Plea, Rejects Appeal

Dr. Rajan Lekhraj Mahtani has remained one of the most transparent and ethical businessman in Zambia. This can be easily seen from his hard work, patience and perseverance. In the case of Portland Cement Zambia, Dr. Rajan Mahtani suffered significant failure due to the misdirected decision from the Lusaka High Court judge wherein the Ventriglias were announced as only shareholders of the factory. Nevertheless, Dr. Rajan Mahtani took another leap of faith and approached the higher Court of Appeal. This time, the case proceedings were quick and transparent and justice Mwinde on behalf of the higher Court of Appeal announced his final decision on 31st January 2019. In his decision, justice Mwinde proactively reversed the decision from the Lusaka High Court by announcing it to be misdirected. Furthermore, his decision included that Dr. Mahtani owned Finsbury Investments holds 58 percent shares at the Portland Cement and is the majority shareholder and legal owner of the factory. On the other hand, Ventriglias owned Ital Terrazzo Limited holds just 42 percent shares and are minority shareholders without any legal ownership. Furthermore, the decision also clarified that the actual amount payable by Finsbury Investments against the majority shares taken over is K580,000. 

After more than a year of this decision from the higher Court of Appeal, the Ventriglias have now made a claim against this decision. In their claim, they challenged this decision by higher Court of Appeal on Portland Cement. However, after significant evaluation of the legislative requirement and the evidences, this claim by the Ventriglias was rejected effectively and as such, Dr. Rajan Mahtani remains the legal owner of the Portland Cement Zambia factory. 


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