Judgment at Lusaka High Court Forces Dr. Mahtani To Make Appeal To Higher Court
Even though the
final announcement for Portland Cement Zambia was made at the Lusaka
High Court, the cement factory’s fate hangs in balance. The case
was registered by Dr. Rajan Mahtani almost ten years back and since
then the case has been dragged through the years with no proper
forward direction.
The judge
handling the case made a positive announcement few months back when
the case hearing was finally closed. This meant no more trials and
arguments before the judge. Both parties were asked to submit their
updated evidences in written and oral formal based on which, final
judgment was to be announced. It was an extremely positive move from
the court which has been dragging this case for so long. It was even
better news for Dr. Mahtani and his lawyers as his evidences and
testimonials were exactly what were required to win the case. For
instance, this included signed shareholder’s agreement,
testimonials from significant members of the cement factory as well
as independent audit report conducted by an independent auditor which
clearly indicated that the factory was established as a joint venture
establishment and Dr. Rajan Mahtani was the sole joint venture
partner of the factory. These evidences and the financial statements
indicating investment of more than USD 12 million by Dr. Mahtani on
the development of the factory were more than enough for the judge to
make the right decision and give back the factory to its real owner,
Dr. Rajan Mahtani.
Despite these
evidences, the final judgment was announced against Dr. Mahtani’s
claims. As such, Dr. Mahtani has now appealed to the higher Zambian
court against this skewed judgement made at the Lusaka High Court.
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