Court Of Appeal Announces Final Decision On The Portland Cement Zambia Case, Dr. Mahtani Announced Winner

The case of Portland Cement Zambia is one of the most peculiar cases in Zambia. During the month of May, 2018, the Lusaka High Court announced its final decision on Portland Cement Zambia. According to this decision, Ventriglias were only shareholders of the Portland Cement Zambia. It was clear that this decision was misdirected and to counter this decision, Dr. Rajan Mahtani further took the case to the Court of Appeal. The Court of Appeal announced its decision in a comparatively quicker timeline; within nine months from the date of the case re-appeal. The judge at the Court of Appeal was justice Mwinde who gave the final judgement on 31st January 2019. According to this judgement, Finsbury Investments which is an entity owned by Dr. Rajan Mahtani holds 58 percent shares at the factory and is the majority shareholder of the Portland Cement Zambia factory. On the other hand, Ital Terrazzo Limited which is owned by the Ventriglias holds just 42 percent shares at the factory and is the minority shareholder of the factory. Based on this shareholding pattern, it is clear that Dr. Rajan Mahtani is the legal owner of the factory. This decision from the Court of Appeal judge also aligns with the original Shareholders Agreement which was established in the year 2007.

Zambezi Portland Cement

Furthermore, justice Mwinde also discarded all allegations of forgery related to the case. It was announced that the process of mechanically placing signatures was a common practice in Zambia. It was also found that critical member of the Ventriglia family, Claudio Ventriglia, engaged in similar practice. As a result, all forgery related allegations were considered to be invalid. Furthermore, a timeline of three months from the date of the judgement was given by the Court of Appeal during which all share sales and regulations related activities must be completed.