Saturday 1 May 2021

Legal Ownership Of Portland Cement To Remain With Dr. Rajan Mahtani After SC Decision



On 31st January 2019, judge Mwinde on behalf of the higher Court of Appeal reversed the decision of Lusaka High Court on the Portland Cement Zambia case. In a fresh verdict, the higher Court of Appeal announced that Dr. Rajan Mahtani is indeed the majority shareholder and legal owner of the Portland Cement Zambia factory. However, the Ventriglia family being dissatisfied with this verdict decided to approach the Supreme Court Zambia challenging this decision. 

The Supreme Court Zambia is a straightforward yet firm legitimate and legal executive framework in Zambia and in that capacity, it chose to audit the claim from the Ventriglia family. A seat containing three Supreme Court judges was set up for assessing this case. These included judge Mumba Malila, Judge Royda Kaoma and Judge Michael Musonda. After assessment, a basic viewpoint came into spotlight. Any argument against past court verdict should be set up inside 14 days of the court choice. This implies the Ventriglia family ought to be made their case against the higher Court of Appeal's choice inside about fourteen days after the judgment by Court of Appeal on 31st January 2019. Notwithstanding, the Ventriglia family presented their case more than 1.5 years after the court decision. In view of this specialized necessity, the case by the Ventriglia family is at risk for dismissal. The Supreme Court seat inferred that they didn't have any jurisdiction towards engaging the allure. The conditions around which the case was set up was lawfully defective and therefore, the allure by the Ventriglia family was adequately dismissed by the Supreme Court seat.