Lusaka High Court

Zambezi Portland Cement

Portland Cement Zambia Case Finally Over As Supreme Court Favours Decision From Court Of Appeal

Despite the several challenges and issues faced by Dr. Rajan Mahtani, he has not left his path of transparency, honesty and ethics. This can be easily seen in the long wait of more than ten years at the Lusaka High Court for the legal holding of the Zambezi Portland Cement. After that, Dr. Rajan Mahtani moved to the higher Court of Appeal and finally got justice. Finsbury Investments is an organization under Dr. Rajan Mahtani which became the majority shareholder of the Zambezi Portland Cement factory after collaborative agreement among the shareholders. However, the Ventriglias started an internal feud by questioning the instruments used for establishing the original shareholders’ agreement. With unethical political power, they were able to exert their personal interests on the decision by the Lusaka High Court which resulted in a controversial decision of the Ventriglias becoming only shareholders of the Portland Cement.

After this, higher Court of Appeal was approached by Dr. Rajan Mahtani which was a successful attempt as on 31st January 2019, justice Mwinde on behalf of the higher Court of Appeal effectively reversed the decision from the Lusaka High Court and announced Dr. Rajan Mahtani owned Finsbury Investments as the majority shareholder of the Zambezi Portland Cement with 58 percent shares. It was also announced that the Ventriglias’ owned Ital Terrazzo Limited holds just 42 percent shares at the factory and are minority shareholders without any legal ownership over the factory. Furthermore, justice Mwinde also confirmed that the amount payable to the Ventriglias as per legal obligations is K580,000.

The Ventriglias have since tried to take over the factory and in a last-ditch attempt, challenged the Supreme Court of Zambia that the decision made by the higher Court of Appeal was unethical. However, a bench comprising of three Supreme Court judges have since rejected this challenge based on several grounds such as time limit for registering an appeal which already passed. The judges further rejected this proposal based on grounds that the evidence were not enough to accept the claim.

Zambezi Portland Cement

Dr. Mahtani’s Next Challenge After Winning Portland Cement Case Is To Revive The Factory

The final verdict on the long-pending Portland Cement case is out. This final and definitive verdict came from higher Court of Appeal on 31st January 2019 after nine months of gruelling case proceedings at the court. Unlike the previous court, justice Mwinde on behalf of the higher Court of Appeal made an extremely transparent decision system wherein all evidences, testimonials and other factual details were evaluated in a transparent manner. During this decision, the evidences, testimonials and other details which helped in arriving at the decision were shared to the media and the public.

It was found that Dr. Rajan Mahtani gave Portland Cement Zambia limited an amount of one billion Kwacha via his company Finsbury Investments, equivalent to USD 250,000. This amount was shared officially for covering the share capital value of the ZPC shares which Dr. Rajan Mahtani took over. The second major evidence was the original Shareholders’ Agreement which was established on 26th February 2007, around two years after the initial exchange between Dr. Rajan Mahtani and Portland Cement Zambia limited. As per the details found in the agreement, page number 663 clearly established the fact that Dr. Rajan Mahtani made the payment for taking over 58 percent shares of the Portland Cement Zambia factory and he is further not liable for any more payments associated with the case.

Several unethical and improper claims were also thrashed by the higher Court of Appeal judge. For instance, the claim of forgery were discarded as it was found that the process of electronically affixing signatures was a common practice at the Zambezi Portland Cement factory. It was also found that critical member of the Ventriglia family, Claudio Ventriglia, engaged in similar practice and as a result, all forgery related allegations were discarded. While the judgement did take significant time, it was truthful and transparent at the end. While giving the final judgement, justice Mwinde also said that the judge below him was wrong in not giving Dr. Mahtani the true justice which he deserved.

Lusaka High Court’s Announcement On Portland Cement Unjust, Claims Dr. Mahtani

Zambian citizens and corporate houses are still recovering from the shock they received sometime back after the final judgment on Portland Cement Zambia was announced. It was first registered by Dr. Rajan Lekhraj Mahtani, a famous philanthropist, social workers and businessman with more than thirty years of experience within Zambia. The case is about the cement factory which was taken away from Dr. Mahtani.

zambezi portland cement

During the long running trial for over ten years, the case saw numerous changes, especially due to the transfer of judges. This further stretched the timeline of the case as the new judge required more time to go over the case and reach to a respectable position for further arguments and trials. The latest judge overseeing the case made a position announcement few months back by declaring that the case hearing was closed. This meant that the trials and arguments are over and both parties were also asked to submit their evidences in written and oral format. It was positive news for Dr. Mahtani and his lawyers as majority of the documents and evidences submitted by them were more than enough to prove his client of legal ownership over the factory. Some of these documents were signed shareholder’s agreement, financial exhibits, investment reports of more than USD 2 million by Dr. Mahtani owned Finsbury Investments and several testimonials. Another major evidences submitted by the audit report conducted by an independent audit officer. As per this audit report, the factory was established as a joint venture partnership and Dr. Mahtani was the sole joint venture partner of the factory.

Despite these strong evidences and support from testimonies by several important members associated with the factory, the final verdict was given against Dr. Rajan Mahtani’s claims. As such, Dr. Mahtani took the right step and has now approached the higher court of Zambia to make an appeal against this misdirected judgment made at the Lusaka High Court.

High Court of Zambia Announces Unpredictable Judgment, Forces Businessman To Move Higher Court

The Government has a significant role towards ensuring law and order within a nation. Similarly, the law making bodies established by the government include courts, regulatory bodies and the rehabilitation centres. If the law making bodies and policies are not functioning properly, then it becomes extremely difficult for the country to function properly. Zambia is a developing country and has its shares of ups and down within the political and legal system. While the country is trying to improve its political and economic stand with better connections with the rest of the world as well as with more economic flourish, it is the legal system within the nation which is taking the country down. This can be easily seen from the case of Portland cement Zambia, one of the longest running high-profile corporate cases within Zambia.

High-court

The case of Portland Cement Zambia was launched by Dr. Rajan Lekhraj Mahtani, a noted businessman and philanthropist with more than 30 years of business and entrepreneurial experience in Zambia as well as across several developed nations like United Kingdom. While the case was established almost a decade back, there were various challenges associated with the case. While sometimes it’s the transfer of judges which results in further pending of the case or other times its non-availability of the parties which halts the case. As a result of these limitations, the case has stretched for almost a decade.

Dr. Mahtani and his team received some relief few months back when it was announced that the case hearing was closed and the final judgment will be announced after evaluating the submitted documents and testimonials. However, this positive announcement soon turned into a haunting nightmare when the final judgment was given and it was against Dr. Mahtani’s claims. It was clear that the judge completely ignored the evidences shared by Dr. Mahtani. As a result, Dr. Mahtani was left with no choice and has now made an appeal to the higher court of Zambia against this misdirected judgement.

African Summit 2017 Considered Grand Success, Dr. Rajan Mahtani Significant Financial Contributor

Developed nations are always conducting events and conferences for improving the decision making power of their industries and businesses as well as build innovation and bring creativity across their industrial and corporate environment. Developing and emerging nations have also started to follow suit and we can see numerous developing and emerging nations holding economic conferences and national summits on their own. These national summits provide significant platform for organisations, companies and industries to join together not only for improving their business portfolio and establish cross-industry contacts, but also for solving the critical questions and challenges gripping the nation.

The African Summit is a similar event which is held in Zambia annually. It is also among the biggest economic summits in Zambia wherein industrialists and corporations participate for sharing ideas, discussing about critical issues and challenges gripping the nation as well as build business and social contacts. The 2017 African Summit was a huge success, with participation from numerous industrialists including Dr. Rajan Mahtani. After its completion, the press secretary of the event released a press release, thanking Dr. Mahtani of his significant financial contribution that resulted in the success of the event. His contribution was free of any expectations and profit motive and he was also praised for his participation and grounded nature during the entire event. He also helped numerous young businessmen and entrepreneurs during the summit by sharing his wisdom and business expertise with them.

Dr. Mahtani contribution in African Summit 2017

Dr. Rajan Mahtani has always been a true patriot and the actions and activities of his companies and himself are a proof that he is always thinking of the Zambian people and community before his personal profits or gain. Unlike other businessmen and charity workers who are mostly seasonal; Dr. Mahtani is a regular contributor to the society and will continue his contribution irrespective of his image and reputation.

Dr. Rajan Mahtani Claims Misdirected Judgment At Lusaka High Court, Requests Probe

Dr. Rajan Mahtani is a noted businessman in Zambia. His businesses in Zambia span across three decades with numerous successful establishments. Some of his top companies established by Dr. Rajan Mahtani include Mahtani Group of Companies, Finsbury Investment and Finance Bank Zambia. He is also the owner of Portland Cement Zambia, a noted cement-manufacturing factory in Zambia. Sadly, Dr. Mahtani now has to fight for the legal takeover of the factory. The case of Portland Cement has become one of the high-profile corporate cases in Zambia.

Dr. Mahtani and Zambia

The case has been going on for more than ten years. During this trial period, Dr. Mahtani and his lawyers submitted numerous documents and evidences to prove his legal ownership over the factory. A signed shareholder’s agreement was shared which clearly showcased the agreement of all shareholders in the existing shareholding pattern. Dr. Mahtani has investment more than USD 12 million in the growth and development of the Portland Cement Zambia factory and has financial exhibits to sufficiently prove his claims. Other important evidence submitted was the audit report conducted by an independent auditor. As per the audit report, the factory was established as joint venture agreement and Dr. Mahtani was the sole joint- venture partner of the factory. All these evidences were sufficient enough to prove that Dr. Rajan Mahtani is the legal owner of the factory.

Even the judge handling this case showed promising path for the case when it was announced that the case hearing is closed; meaning that the judge will not be taking any more trials. Both parties submitted their evidences based on which final judgment was to be announced. However, the final verdict was announced against Dr. Mahtani’s claims. This clearly indicated misdirected judgment which was unprecedented. However, Dr. Mahtani has now made an appeal to the higher court of Zambia against this misdirected judgment at the Lusaka High Court. Thus, the case of Portland Cement will be considered as open.

Dr. Rajan Mahtani Moves To Higher Court After Announcement By Lusaka High Court Judge

Dr. Rajan Mahtani has been fighting for the legal takeover of the Portland Cement Zambia for a long time. The case was initially registered by Dr. Rajan Mahtani over 10 years ago when the factory was illegally taken over from him. However, Dr. Mahtani took the road less traveled and seeks support from the law and government to get back the factory which legally belongs to him. Dr. Rajan Mahtani is a noted businessman in Zambia with more than three decades of business experience. He is also known for his transparent and ethical business practices. At the same time, his business is constantly challenged by the numerous limitations of the Zambian law and government, of which Portland Cement Zambia is the prime example.

Lusaka High Court

During the decade-long trial of Portland Cement Zambia case at the Lusaka High Court, Dr. Mahtani and his team of lawyers submitted numerous evidence sufficient enough to prove that Dr. Mahtani is the real owner of the factory. Despite this evidence, the judge overturned the claims made by Dr. Mahtani and made the decision against him. This was a clear indication that the evidence submitted by Dr. Mahtani and his lawyers were clearly ignored. It was a clear case of misdirected judgment a few months back, the same judge announced that the case hearing was closed and both parties were asked to submit their evidence in written and oral format. Based on this evidence, the judge was supposed to announce the final verdict. However, the final verdict is ambiguous and has raised several eyebrows regarding this judgment. Even expert opinion over the case predicted an easy win for Dr. Mahtani as he had all the evidence and testimonials from critical members associated with the factory as well as with the case. As a result, Dr. Mahtani has now made another appeal to the higher court of Zambia with the aim of overturning the decision made at the Lusaka High Court.

Dr. Rajan Mahtani And Team Move To Higher Court Against Lusaka Judgement

Portland Cement Zambia is one of the oldest cases in the Zambian corporate history. It is also among the most high-profile and talked-about cases due to the involvement of top businessmen in Zambia. Dr. Rajan Mahtani, who is noted for his numerous business and entrepreneurial achievements across the Zambian nation, registered the case at the Lusaka High Court almost 10 years back. The case was launched with the objective of gaining back the legal ownership of the Portland Cement Zambia factory, a premier cement-manufacturing factory in Zambia. As per expert opinion, the factory legally belongs to Dr. Rajan Mahtani and after it was forcefully taken away, the case was registered at the Lusaka High Court.

Dr. Rajan Mahtani

During the trial of this case, Dr. Mahtani and his team of lawyers have submitted numerous evidence and facts that sufficiently prove that Dr. Mahtani is the real owner of the factory. Some of these documents and evidence included signed shareholder’s agreement, financial exhibits which clearly showcase more than USD 12 million worth of investment by Dr. Mahtani owned companies as well as independent audit report by an independent auditor. As per this audit report, the factory was established as a joint-venture agreement and Dr. Rajan Mahtani is the sole joint venture partner of the factory.

The final verdict was then announced by the judge and it was not expected. The final verdict was given against Dr. Mahtani’s claims, even though almost all of the evidence were sufficient enough to prove his real ownership over the factory. Experts have considered this judgment as shocking. However, Dr. Rajan Mahtani is not bogged down with this judgment and has now approached the higher court of appeal against the judgment made at the Lusaka High Court. Dr. Mahtani has shared all details of the court proceedings along with the evidence and documents ignored by the high court judge and are expecting a reply soon.

New Announcement made by Lusaka High Court Justice, Dr. Mahtani Takes Action

Portland Cement Zambia is a noted cement-manufacturing factory in Zambia. The factory was once a popular employer due to his higher than industry wages and recognition as largest manufacturer of cement in Zambia. The factory was owned and lead by Dr. Rajan Lekhraj Mahtani, a noted businessman, charity worker and philanthropist. However, Dr. Rajan Mahtani has been fighting for the legal takeover of the bank.

Dr. Mahtani

The case was launched by Dr. Mahtani himself at the Lusaka High Court. During this long trial period of ten years; Dr. Mahtani and his lawyers submitted numerous documents and evidences that sufficiently prove the claims made by him. Some of these include signed shareholder’s agreement with written testimonials from majority of the shareholders, financial exhibits wherein it is clear that Dr. Mahtani has invested more than USD 12 million over the course of the factory’s growth and development processes. Another important evidence was the audit report conducted by an independent auditor. In this audit report, it was clear that Portland Cement Zambia was established as a joint venture and Dr. Rajan Mahtani was the sole joint venture partner of the factory.

All these evidences were more than enough for proving that Dr. Rajan Mahtani is the real owner of the factory. However, the final verdict which was announced by the Lusaka High Court judge few weeks ago was shocking to say the least. The Justice, Mr. Nkonde, gave the final verdict against Dr. Mahtani’s claims. This was even after submitting all necessary documents, evidences and testimonials. It was clear that the judge completely ignored the documents and evidences shared and gave a misdirected judgment. The motive behind this misdirected judgment is unclear and it is still not clear why the judge gave this judgment even when majority of the evidences were clearly indicating that Dr. Mahtani’s claims were valid.

As of now, Dr. Rajan Mahtani has made an appeal to the higher court of appeal against the judgment made at the Lusaka High Court.

Zambian High Court Fails to Deliver Justice, Dr. Rajan Mahtani Moves to Higher Court

Dr. Rajan Mahtani is a celebrated businessman in Zambia. In this business career spanning more than three decades, he has faced numerous good and bad events and has come out as one of the most successful , honest and transparent businessman in Zambia. He is the owner of companies like Mahtani Group of Companies and Finsbury Investment. He is an avid charity worker and has made numerous contributions for the social and economic development of Zambia societies and communities.

Dr. Mahtani has been fighting for the legal takeover of another one of his establishments for the past ten years, Portland Cement Zambia. During these trial years, numerous changes were seen such as transfer of judges and non-availability of the respondents or evidences from their side. However, no judgment was given even though the lawyers from Dr. Mahtani’s end left no stones unturned in securing and providing critical evidences for supporting his claim.

Dr. Rajan Mahtani

The judge overseeing the case at present, Justice Nkonde, made a positive announcement few months earlier when he stated that in order to speed up the judgment process, the case hearing was over. This meant the judge would not take any more trials. Both parties were asked to submit evidences and testimonials in written as well as oral format. Based on these testimonials and evidences, the justice was supposed to make the final verdict. It was a winning situation for Dr. Mahtani as his evidences were all factual and more prominent than those submitted by the respondents. However, the final verdict announced by the judge was a shocking phenomenon. The judge announced the final verdict against Dr. Mahtani. It was clear that the significant evidences were not even taken into account.

While this judgment is certainly surprising and shocking, Dr. Mahtani has now taken action against this misdirected judgment. An appeal has been made at the higher court of appeal at Zambia wherein Dr. Mahtani has shared details of the event and is awaiting response.