The legal dispute between Ashanti Port Services Limited (APSL) and Justmoh Construction Limited over the Boankra Inland Logistics Terminal project remains unresolved, with the case now awaiting determination by the Court of Appeal.
Although the High Court in Accra overturned a US$33.3 million arbitral award previously
granted in favour of APSL, the matter is still before the appellate court.
The controversy stems from an arbitral award issued on December 10, 2025, which ordered
Justmoh Construction to refund US$33.3 million to APSL, together with interest and other consequential reliefs.
The award related to disagreements arising from the execution of the Boankra Inland Logistics Terminal project.
High Court Sets Aside Arbitration Award
In a significant ruling, the Commercial Division 2 of the High Court in Accra, presided over by
Justice John-Mark Nuku Alifo, set aside the arbitral award in its entirety. The decision
effectively nullified the tribunal’s order directing Justmoh Construction to make the payment
to APSL.
Following that judgment, APSL challenged the High Court’s decision by filing an appeal at the
Court of Appeal in May 2026, insisting that the ruling should be overturned and the arbitral
award restored.
No Decision on the Merits
While the appeal was pending, APSL also filed an application at the Supreme Court. However,
the country’s apex court dismissed the application, describing it as misconceived and
indicating that the issues raised would be more appropriately dealt with through the appeal
already before the Court of Appeal.
In its unanimous decision, the Supreme Court stated that it had reviewed the processes filed
by the parties and concluded that the applicant’s grievance could best be addressed through the appellate process. The court therefore dismissed the application without making any order as to costs.
The Supreme Court’s ruling was chaired by Chief Justice Paul Baffoe-Bonnie alongside
Justices S.K.A. Asiedu, H.A. Kwofie, J. Bartels-Kodwo and Hafisata Amaleboba.
Importantly, the court did not pronounce on whether the High Court’s decision was right or
wrong. Instead, it made it clear that the issues raised should be determined through the
appeal that APSL had already initiated.
APSL Responds to Public Commentary
Reacting to media reports that followed the Supreme Court’s decision, APSL Chief Executive Officer Nana Afum Dwamena III said some public commentary had created the mistaken impression that the Supreme Court had brought the dispute to an end.
According to him, that interpretation does not accurately reflect the court’s ruling. He
stressed that the Supreme Court neither affirmed nor endorsed the High Court’s decision but simply directed the company to pursue the appeal already pending before the Court of Appeal.
Appeal Remains Active Nana Afum Dwamena III maintained that the litigation remains very much alive because the substantive appeal has not yet been heard or determined.
He noted that the appellate court is the proper forum to consider whether the High Court was justified in setting aside the. arbitral award.
He further explained that the Supreme Court’s dismissal of the application should not be
interpreted as a victory for either party, as the substantive legal issues remain unresolved.
Key Test for Commercial Arbitration
The Boankra Inland Logistics Terminal project has long been regarded as one of Ghana’s
important transport infrastructure initiatives, making the dispute one of the country’s closely
watched commercial cases.
As both parties prepare for the next phase of litigation, the Court of Appeal’s eventual
judgment is expected to determine whether the US$33.3 million arbitral award can be
revived or whether the High Court’s decision setting it aside will ultimately stand. Until then,
the legal battle between Ashanti Port Services Limited and Justmoh Construction Limited
remains very much before the courts.
Attached below is the Supreme Court ruling
Source: www.kumasimail.com
