The final decision from the higher Court of Appeal on the Portland Cement Zambia case present a grim reality on the political, social and legal condition of the Zambian nation. The case was registered by a honest and ethical businessmen more than a decade ago. Irrespective of the above fact, it is the duty and responsibility of any legal and judiciary system to ensure that justice is given in a quick and transparent manner to all those seeking. However, this did not happen in case of Portland Cement Zambia limited or for Dr. Rajan Mahtani. Despite sharing all evidences and testimonials associated with the case, justice was not given to Dr. Rajan Mahtani. The judge at the Lusaka High Court was justice Mwinde who announced that Ventriglias were only shareholders of the Portland Cement factory.
As a result of this misdirected decision, the case was further taken to higher Court of Appeal by Dr. Rajan Mahtani. Justice Mwinde took over the case at the higher Court of Appeal and announced that final decision will be given after looking into all evidences and testimonials. According to the evidences, it was found that Dr. Rajan Mahtani paid a sum of one billion kwachas or USD 250,000 in the year 2005 to the Portland Cement Zambia limited. This payment was made with the objective of gaining majority shareholding of the Portland Cement Zambia. Furthermore, the original shareholders’ agreement was established in the year 2007. In the page number 663 of this agreement, it was explicitly written that Dr. Rajan Mahtani has made all payment associated with the takeover of the factory and as a result, he is the majority shareholder of the factory.
Justice Mwinde from the higher Court of Appeal also discarded all forgery related allegations. After due diligence process, the final verdict was announced on 31st January 2019 in which Dr. Rajan Mahtani was announced as actual owner of the Portland Cement factory.