It is a known fact that nations need to improve their legal and regulatory framework, laws and courts proceedings so that judgments are fast and efficiency of every individual working within the nation is improved. However, same cannot be said for the Zambian court and law system. The case of Portland Cement Zambia is dragged for almost ten years now.
During this trial which stretched to more than ten years, Dr. Rajan Lekhraj Mahtani and his lawyers have submitted numerous evidences and documents that were more than enough to prove his legal ownership over the factory. Some of these documents included signed shareholder’s agreement, testimonials from critical and influential members of the factory, financial exhibits which clearly indicated that Dr. Mahtani has spent more than USD 12 million on the factory’s growth and development as well as investment reports. Dr. Mahtani also shared another critical evidence which was independent audit report conducted by an independent auditor. As per this report, the factory was established as joint venture agreement and Dr. Mahtani was the sole joint venture partner of the factory.
Even the judge overseeing the case at the Lusaka High Court provided a positive announcement when the judge closed the case hearing for the case. This meant that the judge will not entertain anymore case hearings or trials and final judgment will be shared based on the evidences and testimonials shared by both parties. This was great news for Dr. Mahtani as his evidences were more than enough to prove his rightful claim over the factory. However, the judge made a surprise turn during the announcement of the final judgment. The final verdict was given against Dr. Mahtani’s claims, which was a shocking event. From this surprise judgment, it was clear that the verdict was misdirected and even influenced. Dr. Mahtani has now made an appeal to the ‘higher court of appeal’ after the dissatisfactory verdict from the Lusaka High Court.