A new cartel consisting of the Daily Nation, Zambia Reports, Sakwiba Sikota S.C., the Ventriglias and their conspirators have ‘ganged up’ to deceive the public and the authorities over the issue of Zambezi Portland Cement. Today’s article headed ‘Mahtani loses Portland’ is so misleading and far from the truth. We submit sections of our articles to bring about a “caveat emptor” on this sordid issue.
Lusaka High Court Judge Justine Chashi has granted Finsbury Investments Ltd Leave to Appeal in a matter involving Zambezi Portland Limited (ZPC).
This is in a matter in which Antonio Ventriglia and Manuela Ventriglia sued Finsbury Investments Ltd over the shareholding in Zambezi Portland Cement on allegations of forgery. The same allegations of forgery are subject of a Judicial Review in which High Court Judge Mwinde Siavwapa stoped the prosecution of Dr. Mahtani on account of alleged forgery of share transfer forms involving Zambezi Portland Cement. (See here)
On 28th September 2008, Judge Albert Wood sitting then as High Court Judge granted Finsbury Investments Ltd an Injunction (confirmed on 28th November, 2008) restraining the Ventriglias (Italian Mafia) from holding themselves out as Shareholders in ZPC. This Injunction is still in force despite the Ventriglias forcing their presence at the cement plant without legal recognition. (See injunction here)
On the 9th of July 2015 High Court Judge Justine Chashi has held that under the circumstances, both parties should enjoy the same status and that Finsbury should not use its agents to make decisions that may be detrimental to the Ventriglias until determination of the matter. He has further granted Leave to Finsbury to Appeal against his decision on the interlocutory application to the Supreme Court.
An appeal has been lodged and a synopsis of the grounds on which the learned Judge has apparently erred covers –
“the object of an interlocutory injunction is to maintain or restore the status quo. The Ruling does not show exactly which was the status quo and appears to have accepted the changes forcibly and illegally made by the Ventriglias to be the status quo. The second is that the Ruling comes very close to determining the whole shareholding dispute in finality, leaving precious little to be resolved after trial. Case authorities like Lusaka West Development or Billingsley v Mundi forbid these sorts of things.”
Pending the outcome of the Supreme Court Appeal the status remains as was originally (with the appeal) and the trial of the cases will continue. See the ruling by Judge wood below.