Once Again, Supreme Court Zambia Proves Existence Of Justice And Law In Zambia

Dr. Rajan Mahtani

The Supreme Court Zambia is the topmost legal institution across any nation. As such, there are several expectations from this highest court which also acts as role model for all other district, state and national level courts in Zambia. The latest decision of Supreme Court Zambia on the Portland Cement Zambia case is a step in the right direction for the judicial and legal system of Zambia. Portland Cement Zambia is a cement manufacturing factory that has faced significant challenges since its inception in 2004. The cement manufacturing factory was first contested at the Lusaka High Court between Dr. Rajan Mahtani and the Ventriglias and faced an unprecedented situation wherein Ventriglias were given majority shareholding and legal ownership despite lack of supporting evidences and testimonials. The second court to shelter the Portland Cement’s case was higher Court of Appeal. On 31st January 2019, justice Mwinde on behalf of the higher Court of Appeal reversed the decision from the Lusaka High Court. According to this decision, Dr. Rajan Mahtani owned Finsbury Investments is indeed the majority shareholder and legal owner of the factory with 58 percent shares.

However, after more than 1.5 years of this transparent decision, the Ventriglias made a shocking move in which they challenged this decision at the Supreme Court Zambia. A bench of three judges was established to evaluate this claim by the Ventriglias. As per the evaluation, it was found that any claim against a previous court decision must be made within two week of the court decision itself. However, the Ventriglias did not comply with this legal requirement, making their claim void and ensuring that Dr. Rajan Mahtani remains the majority shareholder and legal owner of the Portland Cement Zambia factory.

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