High Court Sets Aside US33.3 Million Award Against Justmoh Construction

The High Court of Justice in Accra has set aside a US$33.3 million arbitral award. The award was made against Justmoh Construction Limited. Ashanti Port Services Limited (APSL) had secured the award. This decision was made by His Lordship John-Mark Nuku Alifo on May 7, 2026. The award related to the Boankra Inland Logistics Terminal Project.

The court agreed with Justmoh Construction’s application. Justmoh argued the award should be cancelled. This was based on grounds within the Alternative Dispute Resolution Act, 2010. The court’s ruling was detailed in a forty-page document. It clarified the case was not about the award's fairness. Instead, it focused on the court’s power to review the award.

This case connects to the Boankra Inland Logistics Terminal. This is a major project for Ghana. It is structured as a concession agreement. This involves the Government of Ghana. The Ministry of Transport and Ghana Shippers’ Authority are key players. The Ghana Ports and Harbours Authority (GPHA) and Afum Quality Limited are also involved.

APSL was created as the company to manage the project. Justmoh Construction was hired as the contractor. This happened in August 2022. APSL failed to raise sufficient funds for the project. Consequently, the project did not reach its financial close. GPHA later bought shares in APSL. Ghana Ports and Harbours Authority paid US$33.3 million for these shares. This sum was then given to Justmoh as an advance payment.

The Ghana Shippers’ Authority ended the main project agreement. This occurred on August 5, 2023. The government then took over the project's assets. GPHA was instructed to manage it going forward. Justmoh terminated its contract on October 18, 2023. It cited missed payments for certified work. Despite the government's involvement, APSL started arbitration proceedings.

The High Court found APSL lacked the authority to start the arbitration. This was on December 19, 2023. The court stated capacity is essential from the start. A later attempt to approve the arbitration failed. This is because capacity cannot be gained later. The court also noted issues with APSL's board composition. It did not follow the shareholder agreement. The agreement requires nominees from GPHA and GSA.

The decision means Justmoh Construction is no longer obligated to pay the US$33.3 million. This ruling could affect future investment in similar public-private partnerships. It highlights the importance of proper corporate governance. It also stresses adherence to legal procedures in major projects. Stakeholders will be watching how this impacts the Boankra Inland Logistics Terminal’s future.