Monday, 21 December 2020

Appeal From Ventriglias To Reverse Court Of Appeal Result Rejected By Supreme Court

The Supreme Court Zambia is the highest legal entity of the nation and as a result, any verdict coming from this court has to be considered as final. Dr. Rajan Lekhraj Mahtani is of the most respected businessman in Zambia and the latest verdict from the Supreme Court has been in-turn fruitful for Dr. Rajan Mahtani despite being placed against him. Dr. Rajan Mahtani has been in a legal fight with the Ventriglias for a long time. This fight started when the Portland Cement Zambia was unethically taken over by the Ventriglias even after original shareholder’s agreement established Dr. Rajan Mahtani owned Finsbury Investments as the majority shareholder. The case was taken to Lusaka High Court and despite several case proceedings, justice Nkonde gave a controversial decision in which Ventriglias were announced as only shareholders of the Portland Cement factory. 

To challenge this decision, Dr. Rajan Mahtani immediately approached the higher Court of Appeal with legal obligations. Dr. Mwinde on behalf of the higher Court of Appeal evaluated the case and gave final decision on 31st January 2019. In this judgement, the previous decision from Lusaka High Court was reversed and Dr. Rajan Mahtani was announced as majority shareholder of the firm. 

After more than a year of the above results, the Ventriglias registered their own case by approaching the Supreme Court. Now the SC created a bench of three judges for evaluating this case and found that the legal precedent suggests any claims against previous court case to be established within fourteen days. Since the Ventriglias failed to achieve this legal requirement, the case was rejected by the Ventriglias and Dr. Rajan Mahtani was announced as only shareholders of the Portland Cement factory. 

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