The management of Ashanti Port Services Limited (APSL), has debunked media reports that the Supreme Court (SC) has affirmed the decision of a High Court nullifying a US$33.3 million arbitral award previously granted against Justmoh Construction Limited.
The company, in a statement, said the publications which purports to report the decision of the Supreme Court, regrettably, contains material inaccuracies that misrepresent the findings and orders of the court, and conveys a false and misleading impression of the court’s ruling.
“The publication is therefore inaccurate, misleading and capable of deceiving the public while causing unwarranted prejudice to the reputation and interests of our company,” the statement said.
According to the APSL statement, the Supreme Court did not make the findings or orders attributed to it in the publication.
Clarifying further, the statement said APSL filed an application in the Supreme Court for an order of certiorari to quash the ruling of the High Court, which had set aside an arbitral award previously made in its favour.
It said the Supreme Court however, did not determine the application on its merits and rather directed APSL to pursue the appeal it had filed in the Court of Appeal in May 2026.
“For the avoidance of doubt, the Supreme Court has neither affirmed nor endorsed the Ruling of the High Court. Instead, it directed APSL to pursue its pending appeal, before the Court of Appeal. Consequently, the ruling of the Supreme Court does not bring an end to the litigation as there is a pending appeal, neither does the said ruling finally determine the dispute between the parties nor pronounces upon the merits or otherwise of the High Court’s decision. The appeal remains pending before the Court of Appeal for determination,” APSL added.
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.
A Daily Guide Report