After the failure of Lusaka High Court to provide justice for the long-pending Portland Cement case, Dr. Rajan Mahtani rightly approached the higher Court of Appeal. The judge at the higher Court of Appeal was justice Mwinde who announced that the final decision will be given based on the available evidences, testimonials and all other details submitted before the court. It should be noted here that the same evidences and testimonials were submitted before the Lusaka High Court and despite this, the court took more than a decade to announce a verdict which was misdirected and unethical. Nevertheless, the decision from the Court of Appeal cleared the question on the ownership of Portland Cement Zambia factory. The evidences based on which final decision was given included share transfer from Portland Cement Zambia to Dr. Mahtani owned Finsbury Investments. According to the details shared, Dr. Rajan Mahtani made a payment of one billion kwachas equivalent to USD 250,000 to the Portland Cement Zambia limited. This amount covered the value of the entire share capital which Dr. Rajan Mahtani took over. Furthermore, evidences were also discovered regarding the timeline of these purchases. The purchase of shares made by Dr. Rajan Mahtani was in the year 2005. In the year 2007, two years later, a shareholder’s meeting was established and an agreement was made among all shareholders associated with the Portland Cement Zambia factory. According to this original shareholders agreement’s page number 663, Dr. Rajan Lekhraj Mahtani has made all payment associated with the factory and is not liable to any further payments associated with the case. It should be noted here that a Shareholders’ Agreement is established only after taking the consent of all shareholders. As a result, it can be said that the evidences shared by Dr. Rajan Mahtani were concrete.
Based on all these evidences, Dr. Rajan Mahtani was announced as the majority shareholder and legal owner of the factory.