Verdict from higher Court of Appeal overthrows Lusaka High Court’s unethical judgement

The judge at the Court of Appeal who oversaw the case of Zambezi Portland Cement was justice Mwinde. On 31st January 2019, Dr. Rajan Mahtani received a blessed justice from the higher Court of Appeal when it was declared that Dr. Mahtani is owns majority shareholding of Portland Cement and is the real owner of the Portland Cement Zambia factory. However, this decision came more than a decade after the case was originally registered at the Lusaka High Court. Unlike the verdict from the Lusaka High Court which has been widely recognised as unethical and misdirected as well as too long, the judgement at the Higher Court of Appeal was quick, transparent, to the point and declared the verdict as per the available evidences and testimonials. It should also be noted here that the case was declared within a short span of nine months.

According to the details shared by the judge, it was found that Dr. Rajan Mahtani owned Finsbury Investments paid a total sum of one billion kwachas or USD 250,000 in exchange for the entire share capital value of the Zambezi Portland Cement. While this exchange took place in the year 2005, the details of this exchange were clearly established in the year 2007 in the original agreement between shareholders. Based on this evidence, it was established that Dr. Rajan Mahtani took over 58 percent shares of the Portland Cement Zambia and did not own any further costs associated with the factory. For instance, justice Mwinde declared that the PTT (property Transfer Tax) associated with the exchange as the responsibility of the vendors or the transferors. All these evidences were strong enough to prove that Dr. Rajan Mahtani was the majority shareholder and this legal owner of the factory.

Furthermore, the judge at the Court of Appeal also gave a timeline of three months from the date of the judgement for completing all share transfers related activities based on the court of Appeal’s decision.