The Ghana Arbitration Centre (GAC) has directed Justmoh Construction Limited to repay $33.3 million to Ashanti Port Services Limited following a protracted contractual dispute over the Boankra Inland Port project.
The sum represents unutilized advance mobilization funds paid to the contractor at the commencement of the project. The ruling, delivered by a three-member arbitral tribunal, brings to an end months of arbitration proceedings between the two parties.
In addition to the principal amount, the tribunal ordered that the refund should attract four percent simple interest per year, beginning 30 days after the ruling until the full amount is settled.
Despite the decision largely favouring Ashanti Port Services, the panel acknowledged that Justmoh Construction had executed substantial work at the project site. As a result, Ashanti Port Services was instructed to compensate the contractor with $7.1 million for earthworks completed before the contract was terminated.
The tribunal further ruled on the allocation of legal and administrative costs, placing the majority of the burden on Justmoh Construction. The company is to pay 75 percent of Ashanti Port Services’ legal fees and a similar proportion of arbitration-related administrative costs, amounting to over $226,000 and GHS26,250. No interest was applied to these costs.
The arbitration began in December 2023 after Ashanti Port Services formally challenged the handling of the project. Central to the dispute was the valuation of earthworks carried out at the Boankra site. While Ashanti Port Services argued the works were worth significantly less, the tribunal found that Justmoh Construction provided stronger documentary evidence to justify its claims.
In its final ruling, the panel held that Justmoh Construction lawfully terminated the contract, effectively dismissing all remaining claims from both sides and closing the case.
