The legal battle between Ashanti Port Services Limited (APSL) and Justmoh Construction Limited over the Boankra Inland Logistics Terminal project in Ghana remains unresolved, with the substantive appeal now awaiting determination by the Court of Appeal.
The dispute continues despite the High Court’s decision to set aside a US$33.3 million arbitral award that had earlier been granted in favour of APSL.
The controversy dates back to an arbitral award issued on December 10, 2025, directing Justmoh Construction Limited to refund US$33.3 million to APSL, together with interest and other consequential reliefs.
The award arose from disagreements over the execution of the Boankra Inland Logistics Terminal project in the Ashanti region, one of Ghana’s key transport infrastructure initiatives.
In a subsequent ruling, the Commercial Division 2 of the High Court in Accra, presided over by Justice John-Mark Nuku Alifo, nullified the arbitral award in its entirety, effectively relieving Justmoh Construction of the obligation to pay the amount awarded by the arbitration tribunal.
Dissatisfied with the decision, APSL filed an appeal at the Court of Appeal in May 2026, seeking to have the High Court’s ruling overturned and the arbitral award restored.
While the appeal was pending, APSL also sought relief at the Supreme Court.
However, a five-member panel of the apex court, chaired by Chief Justice Paul Baffoe-Bonnie and comprising Justices S.K.A. Asiedu, H.A. Kwofie, J. Bartels-Kodwo, and Hafisata Amaleboba, unanimously dismissed the application.
The court held that the issues raised were more appropriately addressed through the appeal already before the Court of Appeal and made no order as to costs.
Importantly, the Supreme Court did not determine whether the High Court’s decision was correct or otherwise.
Instead, it stated that the substantive legal questions should be resolved through the appellate process.
The ruling has since generated public debate over the status of the case.
Responding to media commentary following the Supreme Court’s decision, APSL Chief Executive Officer Nana Afum Dwamena III rejected suggestions that the apex court had brought the dispute to an end.
“Some public commentary has created the mistaken impression that the Supreme Court has finally determined the matter. That interpretation does not accurately reflect the court’s ruling,” he said.
According to Nana Afum Dwamena III, the Supreme Court neither affirmed nor endorsed the High Court’s judgment but merely directed the company to pursue the appeal already pending before the Court of Appeal.
“The litigation remains very much alive because the substantive appeal has not yet been heard or determined,” he stressed.
He further maintained that the dismissal of the Supreme Court application should not be interpreted as a legal victory for either APSL or Justmoh Construction.
He noted that the appellate court remains the appropriate forum to determine whether the High Court was justified in setting aside the arbitral award.
With the Boankra Inland Logistics Terminal regarded as a strategic national infrastructure project, the outcome of the appeal is expected to have significant implications for both the parties involved and the wider commercial and construction sectors.
Until the Court of Appeal delivers its judgment, the dispute over the US$33.3 million arbitral award remains before the courts.
Justmoh – Court Notes dated 14-7-26
