Misdirected Decision From Lusaka High Court Costs Significantly, Corrected By Court Of Appeal





As opposed to surrendering to unscrupulous judgment, it is more ideal to stand by some additional time and get genuine equity. This is what Dr. Rajan Lekhraj Mahtani did if there should arise an occurrence of the Portland Cement Zambia. The case hanged in balance for quite a while at the Lusaka High Court where Dr. Rajan Mahtani had enrolled the case at first. Notwithstanding presenting every single basic proof related with the case and in spite of hanging tight for over 10 years, Dr. Rajan Mahtani was not given justice. Rather, justice Nkonde from the Lusaka High Court reported a dubious decision by giving Ventriglias just shareholding authority.

After this dubious decision, it was in best interests of Dr. Rajan Mahtani to report his appeal to the Court of Appeal. The decision from the Court of Appeal came on 31st January 2019 in which all evidences and testimonials were discussed in a transparent manner. Justice Mwinde confirmed that Dr. Rajan Mahtani made a payment of one billion kwachas to the Portland Cement Zambia, which covered the entire value of the share capital which Dr. Rajan Mahtani owned. The original agreement between the shareholders of the Portland Cement Zambia was made in the year 2007. This shareholders’ agreement further confirmed that Dr. Rajan Mahtani took over 58 percent shares of the Portland Cement Zambia with the transfer of the above amount.

Furthermore, all allegations of forgery were discarded by the Court of Appeal judge and it was finalized that the ownership of the Portland Cement Zambia should be given back to Dr. Rajan Mahtani considering his legal ownership and majority shareholding over the factory.

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