JUSTMOH CONSTRUCTION LIMITED v. ASHANTI PORT SERVICES LIMITED

1. INTRODUCTION AND NATURE OF PROCEEDINGS

From the onset, I must state emphatically that the Applicants motion filed under Section 58(1), (2)(a) and (2)(e) of the Alternative Dispute Resolution Act, 2010 (Act 798) seeking to set aside a final arbitral award dated 10th December, 2025 does constitute an appeal shrouded, wrapped or concealed in a motion as alleged by the Respondents Counsel in her Written Submission filed on 4th March, 2026 and is properly before this Court for determination.

The Applicant filed an application pursuant to Section 58(1), (2) (a) and (2) (e) of the Alternative Dispute Resolution Act, 2010 (Act 798) seeking to set aside a final arbitral award dated 10th December, 2025. The award was rendered in favour of the Respondent and ordered the Applicant to pay to the Respondent the sum of US$33,300,000 together with interest thereon as simple interest calculated from thirty (30) days after the Applicant receives the Award until full payment at the rate of 4% per annum. The Respondent was ordered to pay the Applicant the sum of US$7,107,456.70 as compensation for earthworks, the Applicant executed, together with interest thereon as simple interest calculated from thirty (30) days after the Respondent receives the Award until full payment at the rate of 4% per annum. The Applicant was ordered to pay to the Respondent the equivalent in Cedis of US$226,875 and GHS26,250 as Respondent`s legal fees and its share of the Arbitrators’ fees and Administrative fees. The underlying arbitration arose from a construction dispute concerning the Boankra Integrated Logistics Terminal (BILT) Project, the factual basis of which is set out below.

2. FACTUAL BACKGROUND

The Government of Ghana (represented by the Ministry of Transport) acting through the Ghana Shippers’ Authority (GSA), granted a concession to the Respondent for the development of the Bonkra Integrated Logistics Terminal (BILT) Project on a Build, Operate and Transfer (BOT) basis for an amount up to Three Hundred and Thirty Million United States Dollars (US$330,000,000.00). The Concession Agreement Exhibit A was executed on 25th September, 2020. The Respondent was constituted as a special purpose vehicle (SPV) to implement the project, and the original consortium comprised Afum Quality Limited (AQL) and DSS Associates of South Korea, with DSS holding 70% equity.

Subsequently per a Share Purchase Agreement of 11th September, 2022 executed between the Respondent and Ghana Po