Story by Eugene Nyarko Jnr. | Accra
The High Court in Accra has set aside a US$33.3 million arbitral award previously granted against Justmoh Construction Limited in a dispute arising from the Boankra Inland Logistics Terminal Project.
Presided over by His Lordship Justice John-Mark Nuku Alifo at the Commercial Division 2 of the High Court, the ruling nullifies in its entirety the arbitral award issued on December 10, 2025, which had ordered Justmoh to refund the amount to Ashanti Port Services Limited (APSL), along with interest and other reliefs.
In a detailed 40-page decision delivered on May 6, 2026, the Court upheld an application filed by Justmoh under Section 58 of the Alternative Dispute Resolution Act, 2010 (Act 798). The Court clarified that the matter before it was not an appeal on the merits of the arbitral award, but a supervisory application confined to statutory grounds for setting aside such awards.
Lead counsel for Justmoh, Prof. Kwame Gyan, successfully argued that APSL lacked the legal capacity to initiate arbitration proceedings, a position the Court accepted substantially.
The Court found that APSL had failed to secure proper board authorisation prior to commencing arbitration in December 2023. It ruled that attempts to ratify the decision retrospectively could not cure what it described as a fundamental jurisdictional defect. Furthermore, the Court held that APSL’s board was not properly constituted in accordance with its Shareholders’ Agreement at the time of the purported ratification.
On the issue of participation in arbitration, the Court rejected claims that Justmoh had waived its jurisdictional objections by taking part in the proceedings. It emphasised that waiver applies only to minor procedural irregularities and not to fundamental questions of jurisdiction.
Additionally, the Court determined that APSL had no valid cause of action at the time it initiated arbitration. It noted that the termination of the concession agreement by the Ghana Shippers’ Authority in August 2023, and the subsequent intervention by the Government of Ghana, effectively extinguished APSL’s rights in relation to the project.
The Court also addressed the nature of the disputed US$33.3 million, concluding that the funds were paid by the Ghana Ports and Harbours Authority as equity for share subscription in APSL, and not as a loan recoverable from Justmoh.
In further observations, the Court indicated that granting APSL the relief it sought would amount to unjust enrichment, as the company neither advanced the funds nor retained a valid claim following its own contractual breaches.
The dispute stems from the development of the Boankra Inland Logistics Terminal, a major inland port project involving multiple state agencies and private stakeholders. APSL had engaged Justmoh Construction Limited in 2022 as the Engineering, Procurement and Construction contractor for Phase 1A of the project.
Following APSL’s failure to secure financial closure, the concession agreement was terminated, and the Government assumed control of the project, later directing the Ghana Ports and Harbours Authority to take over its management.
Subsequently, APSL initiated arbitration proceedings despite the termination and loss of its operational role, leading to the now-nullified arbitral award.
In its final orders, the Court set aside the arbitral award in full.
