After a legal fight that extended for more than a decade, Dr. Rajan Mahtani ultimately wins the Portland Cement Zambia case. This win has been with significant challenges and roadblocks but with patience, perseverance and honesty, Dr. Rajan Mahtani was able to achieve this all. The case started more than a decade ago when a case was registered at the Lusaka High Court by Dr. Mahtani himself, claiming that his factory was unethically taken over from him. To support his claim, several evidences were submitted before the Lusaka High Court judge. However, shortcomings associated with the legal and judiciary system associated with the court resulted in the case being stretched for more than a decade. The judge at the Lusaka High Court was justice Nkonde who gave the final decision on the case in the year 2018, more than ten years. Despite this long journey, the decision from the Lusaka High Court was controversial with justice Nkonde announcing Ventriglias as only shareholders of the Portland Cement Zambia.
As a result of this controversial decision, Dr. Rajan Mahtani approached the higher Court of Appeal. The judge at the higher Court of Appeal was justice Mwinde who announced the final decision on the case on 31st January 2019. This quick decision was possible as a result of the appropriate evaluation of the evidences and identification of the reality associated with the case. Justice Mwinde also took the opportunity to discuss about the evidences that helped in reaching the final decision for the case. It was found that Dr. Rajan Mahtani made a payment of one billion kwachas or USD 250,000 to the Zambezi Portland Cement limited. This amount covered the entire value of share capital associated with the factory which Dr. Mahtani took over. Another evidence confirmed that Dr. Mahtani took over 58 percent shares of the factory after making the above payment. Based on the evidences, final decision was given which confirmed Dr. Mahtani as the actual owner of the factory.
