The test for a true businessman arises when ethical challenges are faced. The businessman has two options- get the work done by hook or by crook, meaning falling for unethical and illegal practices for gaining short term goals and not carrying about the future. The second option is fighting with patience, perseverance, honesty and transparency till the end. Most follow the first option as it is easier and does not require patience and the businessman does not have to face challenges. On the other hand, the second option is the toughest and only the bravest can follow this path. Dr. Rajan Lekhraj Mahtani is one of them and he has showed his patience with the Portland Cement Zambia case, which was pending at the Lusaka High Court for more than a decade.
Lusaka High Court was the first court where the case was registered but it was not the last. During the case proceedings at the Lusaka HC, several evidences and testimonials were shared by Dr. Rajan Mahtani’s lawyers. Despite this, the final decision took more than a decade to come. The judge declaring the results at Lusaka HC was justice Nkonde and he declared that Ventriglias were only shareholders of Portland Cement. It was clear that this decision was misdirected and as such, the Court of Appeal was approached.
The Court of Appeal judge was justice Mwinde. Results from Court of Appeal came on 31st January 2019. Justice Mwinde took this decision after evaluating all evidences and testimonials. Based on this decision, Dr. Mahtani was found to be majority shareholder with 58 percent shares at Portland Cement. It was also found that Ventriglias were minority shareholders with 42 percent shares at Portland Cement. These shareholding patterns were further confirmed with the original shareholders agreement which was formed in the year 2007.
While giving this decision, justice Mwinde also announced that the judge below him was misdirected in announcing Ventriglias as only shareholder.