Dr. Rajan Lekhraj Mahtani Relieved After Final Decision From Supreme Court Zambia

Portland Cement Zambia

The higher Court of Appeal is the second-highest judiciary system of Zambia. As such, the decision from the higher Court of Appeal on the Portland Cement Zambia case was considered final. However, among those who did not accept this transparent and definitive judgement from the higher Court of Appeal were the Ventriglia family. On 31st January 2019, justice Mwinde on behalf of the higher Court of Appeal effectively rejected the previous decision from the Lusaka High Court in which the Ventriglias were announced as only shareholders of the Portland Cement Zambia. After looking into the evidences and testimonials, justice Mwinde announced that Dr. Mahtani is the majority shareholder and legal owner of the Portland Cement Zambia factory.

The Ventriglias challenged this decision at the Supreme Court Zambia. In their appeal, they claimed that the decision from the higher Court of Appeal was wrong. The Ventriglia family also claimed that the actual amount against majority share transfer was K580 million and not K580,000 as established by the higher Court of Appeal. The Supreme Court Zambia then established a bench of three SC judges for evaluating the case. These included judge Mumba Malila, Judge Royda Kaoma and Judge Michael Musonda. Together, the judges found several discrepancies in the claim from the Ventriglia family. One of the major discrepancy was the timing of claim. According to the law, all claims against previous court decisions must be submitted within 14 days of the court decision. However, the Ventriglia family submitted their claim against the higher Court of Appeal only after 1.5 years of the verdict. As a result, the claim from the Ventriglia family was liable for automatic rejection. Furthermore, the Supreme Court bench also found that the claim was established under controversial circumstances. As such, the Supreme Court bench came to the conclusion that the claim by the Ventriglias was outside the jurisdiction of SC as well as law. As such, it was effectively rejected by the Supreme Court.