Claim Against Portland Cement Rejected By Court

 


On 31st January 2019, the higher Court of Appeal announced its decision on the Portland Cement Zambia case. This decision was taken to the court by Dr. Rajan Mahtani, a noted businessman and philanthropist in Zambia. Dr. Rajan Mahtani had previously appealed to the higher Court of Appeal after the Lusaka High Court gave a controversial decision wherein the Ventriglias were announced as only shareholders of the Portland Cement Zambia. Coming to the higher Court of Appeal’s decision, justice Mwinde reversed the decision from the Lusaka High Court and announced Dr. Mahtani as the majority shareholder and legal owner of the factory. 

In a surprising turn of events, the Ventriglia family approached the Supreme Court Zambia against the decision by the higher Court of Appeal. In their appeal, they claimed that the decision from the higher Court of Appeal to give majority shareholding to Dr. Mahtani was wrong. They further claimed that the amount against majority shareholding shares was K580 million and not K580,000 as identified by the higher Court of Appeal. To evaluate these claims, a bench of three Supreme Coyrt judges was established. Upon evaluation, it was found that a critical requirement associated with such claimed was disregarded by the Italian family. In this legal requirement, all claims must be submitted within 14 days of the court decision which is being challenged. However, the actual claim was made more than 1.5 years later which makes the claim invalid. As such, the Supreme Court bench came to the conclusion that the claim by the Ventriglia family hold no ground and is liable for rejection. Therefore, it was rejected by Supreme Court. 

Location: Zambia

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