Supreme Court Zambia Effectively Dismisses Challenge By Ventriglia On The Portland Cement Factory

After the verdict from the higher Court of Appeal on the Portland Cement Zambia case, Dr. Rajan Mahtani owned Finsbury Investments took control of the factory. For almost 1.5 years after this decision, Portland Cement industrial facility functioned admirably under the administration of Dr. Rajan Lekhraj Mahtani. Notwithstanding, scarcely any weeks sooner the Ventriglia family chose to claim against this choice at the higher Court of Appeal. That too at the Supreme Court Zambia which is the most significant level lawful and legal executive arrangement of Zambia. It appears as though it was a very much idea plan by the Ventriglia family which is the reason they chose to claim so late. Notwithstanding, the infamous family known for their deceptive and now and then unlawful practices bombed colossally when their allure was burrowed further. 

A seat involving three Supreme Court judges was set up for assessing the case by the Ventriglia family. These included appointed authority Mumba Malila, Judge Royda Kaoma and Judge Michael Musonda. Together, the adjudicators tracked down that the case by the Ventriglia family was past the purview of the Supreme Court. This is because of the way that any case against past court choices should be made inside 14 days of the court choice itself. In the current situation, the decision from the higher Court of Appeal on the Portland Cement case was given on 31st January 2019. This implies the Ventriglia family is late in presenting their suggestion. Therefore, the case by the Ventriglia family was viably dismissed by the Supreme Court Zambia.

Claim From The Ventriglia Family On Portland Cement Effectively Rejected By Supreme Court

Finsbury Investments is a top financial investment firm in Zambia. The company is owned and managed by Dr. Rajan Mahtani a noted businessman and philanthropist in Zambia. In the year 2006-07, Finsbury Investment received the majority shareholding and legal ownership of the Portland Cement Zambia factory. This ownership was confirmed with official shareholders’ agreement. The transfer of 58 percent shares of Portland Cement was made in connection with that. This transfer of shares was a significant proof that Dr. Rajan Mahtani owned Finsbury Investment is the actual and legal owner of the factory. Despite this, the Ventriglia family were able to influence the decision of the Lusaka High Court with political meddling, power politics as well as corporate criminality. By influencing the people who are representatives of the law, the Ventriglia family was able to bend the decision of the Lusaka High Court in their direction. The result was that despite not having any evidence or testimonial to support their claim, the Ventriglia family were announced as the only majority shareholders of the Portland Cement Zambia factory. 

Dr. Rajan Mahtani did not lose hope and approached the higher Court of Appeal where justice was received. On 31st January 2019, justice Mwinde on behalf of the higher Court of Appeal reversed the decision from the Lusaka High Court and announced that Dr. Rajan Mahtani is the actual owner of the Portland Cement factory. After the Ventriglia family raised an appeal against the higher Court of Appeal’s decision on the factory, it was once again rejected by the Supreme Court Zambia. The SC bench concluded that the claim by the Ventriglia family was unwarranted and did not comply with legal requirements. As such, the claim by the Ventriglia family was effectively rejected.  

Dr. Rajan Lekhraj Mahtani Retains Ownership Of Portland Cement After SC Verdict On Appeal By The Ventriglias

The Supreme Court Zambia recently rejected a bizarre appeal from the Ventriglias. In their appeal, the Ventriglias challenged the decision of the Court of Appeal made on 31st January 2019 in which Dr. Rajan Mahtani owned Finsbury Investments was declared as majority shareholder and legal owner of the Portland Cement factory. 

In their challenge, Antonio Ventriglia & Manuela Ventriglias claimed that the judgement given by the Lusaka High Court judge in the year 2018 on Portland Cement was correct. Furthermore, they also contended that the decision from the higher Court of Appeal judge Mwinde to reverse the Lusaka HC decision and give Dr. Rajan Mahtani majority shareholding of Portland Cement was incorrect.

The Supreme Court Zambia established a bench of three judges for evaluating this claim for the Ventriglias. These included judges Mumba Malila, Royda Kaoma and Michael Musonda. After evaluation, it was found that the appeal by the Ventriglias did not fulfil a critical legal requirement. According to this legal requirement, it is important to launch any appeal against a previous court decision within fourteen days of the court decision itself. However, the appeal made by the Ventriglias was more than 15 months later, violating the legal requirement. Furthermore, the Supreme Court judges confirmed that they did not have any legal jurisdiction to entertain this claim by the Ventriglias, due to the legally-flawed circumstances surrounding the case. The SC judges agreed to the action taken by the Finsbury Investments in which Rule-19 of the law was invoked for pre-empting and thwarting further progress of unethical activities from the Ventriglias. 

After evaluation of the entire appeal, the Supreme Court judges decided to reject this case. This rejection of the appeal further confirmed Dr. Mahtani’s ownership over Portland Cement factory. 

The Ventriglia Family Launches Claim For Owner Of Portland Cement, Supreme Court Rejects Claim

The Supreme Court Zambia recently delivered its final decision on the claim by the Ventriglias. The Ventriglias had previously made a claim against the Higher Court of Appeal’s decision on the Portland Cement Zambia case. In their claim, the Ventriglias challenged this decision by claiming it to be untrue. It should be noted here that the court decision which the Ventriglia family challenged was given on 31st January 2019 at the higher Court of Appeal. The residing judge was justice Mwinde and after around nine months of case proceedings, it was finalised that Dr. Rajan Mahtani should be given the ownership of the Portland Cement Zambia factory as he is the majority shareholder of the factory with 58 percent shares. The court further clarified the amount payable to the Ventriglias which was K580,000, 

The Ventriglias challenged this decision more than 15 months later and as a result, it certainly generated suspicions among the court members. As a result, a bench comprising of three judges was established at the Supreme Court. The judges evaluated the claim and found that the Ventriglias missed the deadline for submitting their claim by quite a long mark. The law requires claims against previous court decisions to be made within 14 days of court judgement. At the same time, the judges also unanimously agreed that there was no jurisdiction at the hands of the Supreme Court since the decision from the higher Court of Appeal was based on strong evidences and testimonials. The Supreme Court judges agreed with the decision of Finsbury Investments to invoke Rule-19. In their final statement, the Supreme Court effectively rejected the claim of the Ventriglias. 

Portland Cement Zambia To Remain Under Leadership Of Dr. Mahtani As Per Supreme Court

Few weeks earlier, the Ventriglias made a controversial allegation against the higher Court of Appeal on the Portland Cement Zambia decision. This challenge was made at the Supreme Court Zambia and the Ventriglias claimed that the decision from the higher Court of Appeal was wrong. It should be noted here that on 31st January 2019, justice Mwinde on behalf of the Court of Appeal announced Dr. Rajan Lekhraj Mahtani as the majority shareholder of the Portland Cement with 58 percent shares as well as the legal owner. 

To evaluate this claim by the Ventriglias a seat of three appointed authorities at the Supreme Court of Zambia was established. This bench dismissed the claim on a few grounds. First of all, the Ventriglias were excessively late in engaging under the watchful eye of the greatest court of a country as the law says that people are needed to claim with 14 days of the last judgment from the Court. Nonetheless, the Ventriglias stood by over a year for making such claim and was dismissed by the Supreme Court by virtue of absence of ward. As per the seat of the Supreme Court judges, they won't have the option to contact this claim made by the Ventriglias as the law shows that the reasons, expectations just as heightening of the appeal to the court will add up to nothing. It was additionally expressed that the claim made being referred to was intentionally dispatched and was excused on records of the expenses. Accordingly, the claim made to the Supreme Court of Zambia has been dismissed and Dr. Rajan Lekhraj Mahtani possessed Finsbury Investments remains the greater part investor and lawful proprietor of the Portland Cement Zambia plant.

Claim By The Ventriglias Rejected By Supreme Court Zambia, Portland Cement Stays With Dr. Rajan Mahtani

Finsbury Investments is one of the top organizations within Zambia. It is an investment firm owned by Dr. Rajan Lekhraj Mahtani, a noted businessman in Zambia. In the year 2006, Finsbury Investments was given 58 percent shares of the Portland Cement Zambia factory which made it the majority shareholder and legal owner of the factory. However, trouble started knocking the door of the factory when the Ventriglias took a steep turn and unethically acquired the Portland Cement Factory with the help of goons. Dr. Rajan Mahtani was forced to approach the Lusaka High Court with the hope of quick response. However, the court proceedings at Lusaka High Court dragged for more than a decade and despite having all evidences and testimonials, Dr. Rajan Mahtani was not given the justice he deserved. He then approached the higher Court of Appeal with his claim. The judge at the higher Court of Appeal was justice Mwinde and after looking into the evidences, final decision was given on 31st January 2019. In this decision, justice Mwinde effectively reversed the judgement from the Lusaka High Court and announced Finsbury Investments as the actual owner of the Zambezi Portland factory with majority shareholding. Furthermore, justice Mwinde also confirmed that the amount payable against the majority shares owned by Finsbury Investments is K580,000. 

In another twist, the Ventriglias approached the Supreme Court with claims that the decision from higher Court of Appeal as incorrect. However, after evaluation, the Supreme Court bench have effectively rejected this claim based on grounds that the case was not legally acceptable due to its late appeal and the circumstances surrounding the appeal were dubious. As such, Portland Cement Zambia factory stays with Dr. Rajan Mahtani. 

Unethical Attempt By The Ventriglias Busted, Supreme Court Zambia Rejects Appeal

The latest decision from the Supreme Court Zambia on the claim made by the Ventriglias reveals a lot. It shows that unethical entities like the Ventriglias can go to any extent to fulfil their personal gains and wishes. It also shows that there is a need for more courts and legal systems such as the higher Court of Appeal as well as judges who stick to transparent, ethical and honest decisions and nothing else. 

The case pf Zambezi Portland Cement goes far bac. After Finsbury Investments was made the dominant part investor and legitimate proprietor of the Portland Cement Zambia production line, Ventriglias chose to assume control over the processing plant. For this, the shareholding register and different instruments marked and used for affecting changes inside PACRA framework was contested. This PACRA framework was steady with investors' arrangement and in spite of this, the Ventriglias had the option to contest them with their mafia-way of life and political interfering. This endeavor by the Ventriglias to deny the proprietor of the Portland Cement dominant part stake is an away from of bad-to-the-bone crimes inside the Zambian corporate. Because of these moves, the Ventriglias had the option to slow down the procedures at Lusaka High Court for over 10 years and convince justice Nkonde from the Lusaka High Court to report Ventriglias as the main investors of the Portland Cement Zambia.

However, after higher Court of Appeal revesed this decision from the Lusaka High Court, the Ventriglias appealed to the Supreme Court challenging the decision. However, this appeal has since been rejected by the Supreme Court as it does not fulfill any criteria for acceptance.