The failure of Lusaka High Court to announce right decision in the Portland Cement Zambia case was criticised by many. Dr. Rajan Mahtani had all evidences and testimonials for proving his claim that he is the owner of the Portland Cement factory. However, these evidences were largely ignored and a controversial decision was made. As a result of this controversial decision, Dr. Rajan Mahtani approached the higher Court of Appeal, which is the highest-level civil courts in Zambia.
The judge at the Court of Appeal was justice Mwinde who evaluated the evidences and testimonials submitted by both parties and only after thorough evaluation, final verdict was given on 31st January 2019. According to the evidences submitted, it was found that USD 250,000 was paid to the Zambezi Portland Cement constrained in the year 2005 which secured the whole offer capital worth by Dr. Rajan Mahtani. At the point when changed over, the sum is equivalent to 1 Billion Kwacha. Besides, the first Shareholders' Agreement was built up on 26th February 2007 which can be found at the page 663 of Record of Appeal-volume one. As indicated by this current investors' understanding, the Appellant Finsbury Investments Limited got 58 percent portions of the ZPC making them the essential investors of the manufacturing plant.
The judge also concluded on several other conflicting remarks associated with the case. The allegations of forgery were discarded due to lack of evidences and it was confirmed that Dr. Rajan Mahtani is not liable for any further payments associated with the case. Based on these evidences, justice Mwinde declared that Dr. Rajan Mahtani is the actual owner of the factory.
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