After more than 16 months of the decision from the Higher Court of Appeal on Portland Cement Zambia, the Ventriglias again made a claim at the Supreme Court Zambia, challenging the decision of the previous court higher Court of Appeal on the Portland Cement’s decision. In their claim, the Ventriglias challenged that the decision from the higher Court of Appeal to reverse the judgement of Lusaka High Court was wrong. They also claimed that the actual amount which Dr. Rajan Mahtani is to pay against the shares is K580 million and not K580,000. However, this very challenge from the Ventriglias reeks confusion and deceit. If the decision from the higher Court of Appeal is really wrong, they there is no meaning for the Ventriglias to claim for such an amount which is to be given by the majority shareholder. As a result of the controversial nature of the claim, a bench of three judges was established at the Supreme Court Zambia. This bench evaluated the claim of the Ventriglias and found several interesting facts. To make a claim against any previous court decision, it is essential for the individual or entity to establish the claim within two weeks of the judgement itself. This means if the court decision came on 31st January 2019, then the Ventriglias should have challenged this decision by 14th Feb 2019. However, the claim by the Ventriglias came more than 16 months after this decision. By the definition of the law itself, their claim is invalid. Furthermore, the Supreme Court judge also confirmed that this claim from the Ventriglias is beyond their jurisdiction due to legal implications. It was also noted that the evidences surrounding the appeal by the Ventriglias was controversial and as such, it was not accepted by the court. As such, the bench of Supreme Court judges effectively rejected the appeal of the Ventriglia family. Furthermore, the Supreme Court bench also confirmed that they agree with the decision from the higher Court of Appeal and as such, Dr. Rajan Mahtani must remain the majority shareholder and legal owner of the factory.
