Ghana Supreme Court dismisses APSL appeal
Analysis based on 8 articles · First reported Jul 15, 2026 · Last updated Jul 20, 2026
The ruling removes legal uncertainty for Justmoh Construction and GPHA, allowing the Boankra project to proceed under state control. It may deter similar arbitration attempts by concessionaires lacking proper corporate authorization.
The Ghana — Supreme Court of Ghana unanimously dismissed an application by Ashanti Port Services Limited (APSL) seeking to revive a $33.3 million arbitral award against Hitech Construction Company Limited, related to the Boankra Inland Logistics Terminal Project. The five-member panel chaired by Chief Justice Paul Baffoe-Bonnie ruled that APSL lacked corporate authority to initiate arbitration and that a retroactive board resolution could not cure the defect. The court also found that granting the award would constitute unjust enrichment since the funds were provided by the Ghana — Ghana Ports and Harbours Authority (GPHA). The decision upholds the High Court's May 2026 ruling by Justice John-Mark Nuku Alifo, marking a complete legal victory for Justmoh Construction. The dispute began in August 2022 when APSL awarded the contract to Justmoh but failed to secure financing, leading to GPHA's intervention and eventual termination of APSL's concession by the Ghana Shippers' Authority in August 2023.
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