Supreme Court Zambia Stays With The Decision Of Court Of Appeal On Portland Cement, Rejects Claim By Ventriglia

Finsbury Investments is a top organization in Zambia. In the year 2007, Finsbury Investments received majority shareholding of the Portland Cement Zambia factory and was announced as owner of the factory. This re-organization was established with the objective of acquiring loans from banks and financial institutions for completion of plan construction as well as furthering the business plans. During this time, all shareholders agreed with the shareholding organization of Portland Cement.

However, the Ventriglias decided to hatch a plan of their own in which the shareholding agreement and its validity was questioned by disputing the legality associated with the instrument signed for establishing the shareholding pattern. This turn around was established with the objective of depriving Finsbury Investments with majority stake and this was achieved by hardcore industry-based crime as well as mafia-life influencing of the legal institutions. This resulted in Lusaka High Court judge announcing Ventriglias as only shareholder of the Portland Cement Zambia. Dr. Rajan Mahtani was able to successfully challenge this decision at the higher Court of Appeal. On 31st January 2019, justice Mwinde gave the final decision on the appeal in which the previous decision from the Lusaka High Court was rejected and Dr. Rajan Mahtani was confirmed as the owner of the Zambezi Portland factory.

However, the Ventriglia family once again tried to change this confirmed decision by approaching the Supreme Court with a claim challenging the higher Court of Appeal’s decision. The Supreme Court judges evaluated this challenge and found it unfit for acceptance. Timeline for submitting claims against previous court decisions is 14 days which the Ventriglias did not fulfil. As such, the Supreme Court judges decided that this claim was outside their jurisdiction and cannot be accepted as the evidences and circumstances surrounding the claim was suspicious. As such, the claim by the Ventriglias was rejected by the Supreme Court and Dr. Rajan Mahtani’s position as the majority shareholder and legal owner of the factory was furthermore confirmed.