The Supreme Court (SC) has dismissed an application filed by Ashanti Port Services Limited (APSL), effectively affirming a High Court decision that nullified a US$33.3 million arbitral award previously granted in the company’s favour against Justmoh Construction Limited.
The unanimous ruling by a five-member panel of the apex court marks another significant milestone in the long-running legal battle arising from the Boankra Inland Logistics Terminal Project.
By dismissing APSL’s application, the Supreme Court has allowed the earlier judgment of the Commercial Division 2 of the High Court to stand, leaving the arbitral award without legal effect.
APSL had invoked the supervisory jurisdiction of the Supreme Court in an attempt to overturn the High Court’s decision, arguing that the lower court had erred in setting aside the arbitration award.
The panel, chaired by Chief Justice Baffoe-Bonnie and comprising Justices Asiedu, Kwofie, Kodwo and Amaleboba, unanimously concluded that the application lacked merit.
The decision brings renewed certainty to a dispute that has attracted considerable attention within Ghana’s infrastructure and commercial sectors.
Justmoh Welcomes Judgment
Counsel for Justmoh Construction Limited, Professor Kwame Gyan, welcomed the ruling shortly after judgment was delivered, describing it as a triumph for due process and the rule of law.
He said his legal team had always remained confident because the facts and the law strongly supported their client’s case.
“We have always had confidence in our brief because we know the facts support our case. It comes as no surprise that the Supreme Court agrees with us. We are grateful to His Lordships for the ruling. Due process has won,” Professor Gyan stated.
The ruling represents another legal victory for Justmoh Construction after successfully challenging the arbitral award before the High Court earlier this year.
Background to the High Court Ruling
On May 6, 2026, the Commercial Division 2 of the High Court, presided over by Justice John- Mark Nuku Alifo, set aside in its entirety the arbitral award issued on December 10, 2025 in favour of APSL.
The application was brought by Justmoh Construction under Section 58 of the Alternative Dispute Resolution Act, 2010 (Act 798), seeking to have the award nullified.
Justice Alifo made it clear at the outset that the court was not hearing an appeal against the merits of the arbitral decision itself but was exercising its supervisory jurisdiction to determine whether the arbitration had complied with the legal requirements governing arbitral proceedings.
After reviewing the evidence and submissions, the court agreed substantially with the arguments advanced by Professor Gyan on behalf of Justmoh Construction.
Corporate Capacity at the Centre of the Dispute
A key issue before the High Court was whether APSL possessed the legal authority to commence arbitration when it initiated proceedings.
The court found that APSL lacked the necessary corporate capacity and had failed to obtain valid board approval before referring the dispute to arbitration.
According to the judgment, the company’s attempt to ratify the Chief Executive Officer’s decision through a subsequent board resolution could not cure what the court described as a fundamental legal defect.
Justice Alifo further held that the January 2024 board meeting relied upon by APSL was itself invalid because the company’s board had not been properly constituted under the Shareholders’ Agreement.
The agreement required representation from key stakeholders, including the Ghana Ports and Harbours Authority (GPHA) and the Ghana Shippers’ Authority, a requirement the court found had not been satisfied.
Court Rejects Refund Claim
Beyond the procedural defects, the High Court also concluded that APSL was not entitled to recover the US$33.3 million from Justmoh Construction.
The court held that ordering such a refund would amount to unjust enrichment because APSL had itself contributed to the contractual failures that ultimately resulted in the termination of the concession agreement and the state’s intervention in the project.
Justice Alifo observed that the funds in question had not been advanced by APSL itself, making it inequitable for the company to seek reimbursement.
Boankra Project Dispute
The dispute traces its roots to the Boankra Inland Logistics Terminal Project, a strategic inland port development involving the Government of Ghana through the Ministry of Transport, the Ghana Shippers’ Authority, the Ghana Ports and Harbours Authority and Afum Quality Limited.
In August 2022, APSL appointed Justmoh Construction Limited as the Engineering, Procurement and Construction contractor for Phase 1A of the project.
Court documents showed that APSL later failed to secure the financing required under the concession agreement and did not achieve financial close.
During the proceedings, the court heard that GPHA subsequently paid US$33.3 million under a share subscription arrangement in APSL, with the funds transferred directly into Justmoh Construction’s account as mobilisation payment for the commencement of works.
Following the termination of the concession agreement by the Ghana Shippers’ Authority in August 2023 and the subsequent takeover of the project by the state, APSL initiated arbitration proceedings in December 2023 seeking a refund of the mobilisation funds.
Although the arbitral tribunal ruled in APSL’s favour and ordered Justmoh Construction to refund the money with interest and other reliefs, both the High Court and now the Supreme Court have effectively brought that award to an end.
The latest ruling leaves the High Court’s decision firmly intact and represents another decisive chapter in the protracted legal contest over one of Ghana’s flagship logistics infrastructure projects.
A Daily Guide Report