A tribunal of the Ghana Arbitration Centre (GAC) has ruled that Justmoh Construction Limited must refund US$33.3 million to Ashanti Port Services Limited (APSL), representing the outstanding balance of advance mobilisation paid for the Boankra Integrated Logistics Terminal (BILT) project.

The three-member tribunal, chaired by Justice Nene A.O. Amegatcher with Mr. Emmanuel Amofa and Professor Richard Frimpong Oppong, declared that Justmoh lawfully terminated its contract with APSL but ordered the company to repay the mobilisation sum with 4% interest per annum.

In addition, APSL has been directed to pay Justmoh US$7,107,456.70 for earthworks executed at the project site, also with 4% interest. Justmoh is further liable for APSL’s legal costs, including US$226,875 and GH₵ 26,250.

Dispute Over Earthworks

The arbitration centered on whether earthworks undertaken by Justmoh were worth US$33 million, as claimed by the contractor, or closer to US$4 million, as estimated by the project’s independent consultant.

APSL argued that the works exceeded the consultant’s estimate and were carried out without proper authorisation.

The tribunal, however, found that APSL failed to provide independent evidence or expert testimony to support its valuation.

Justmoh relied on interim payment certificates, monthly progress reports, photographs, and correspondence from Vision Consult, the independent consultant, to substantiate its claim.

While noting that earthworks were not expressly provided for under the Boankra Contract, the tribunal accepted that substantial works had been executed and supported by documentary and photographic evidence.

Arbitration Timeline

The dispute formally began on 19 December 2023, when APSL filed a Notice of Arbitration.

Justmoh responded on 10 January 2024, and APSL replied on 22 January 2024.

On 12 February 2024, the GAC constituted the tribunal. A virtual arbitration management conference followed in March, with hearings on preliminary matters held in April.

The tribunal issued its Award on Jurisdiction and Interim Relief in May 2024, before proceeding to the substantive merits of the case.

After months of submissions, hearings, and procedural delays, the tribunal delivered its final award in December 2025, dismissing all other claims and requests for relief.

APSL’s Response
Reacting to the ruling, Nana Kwaku Dwamena III, the Kwahu Nkwatia Benkumhene and Chief Executive Officer of APSL, expressed satisfaction with the outcome.

He said the decision provides clarity and closure to the matter and reflects the strength of Ghana’s alternative dispute resolution mechanisms.

“Arbitration remains a credible avenue for settling complex disagreements, especially those involving major projects and contractual obligations,” he noted.

Nana Kwaku Dwamena III emphasised that while arbitration outcomes may not fully satisfy all parties, respecting the final decision is crucial for maintaining confidence in the justice system.

He added that prolonged disputes stall development and create uncertainty, negatively affecting communities and investors.