The Supreme Court in the case of THE REPUBLIC v HIGH COURT, COMM. CT 2, ACCRA EX PARTE ASHANTI PORT SERVICES LTD. (JUSTMOH CONSTRUCTION LTD INTERESTED PARTY) SUIT NO. J5/81/2026 has dismissed a certiorari application filed by Ashanti Port Services Ltd. seeking orders of the Supreme Court to set aside the decision of the High Court in the case of JUSTMOH CONSTRUCTION LTD v. ASHANTI PORT SERVICES LTD [TLP-HC-2026-12].

The Court by a unanimous bench ruling held that the motion of the Applicant brough by the learned Dr. Maame Sarpong was misconstrued. Per the President of the panel, H/L Justice Paul Baffoe-Bonnie CJ, "We have reviewed the processes that have been filed and we are of the view that the application is misconstrued. The Applicant's grievance will be better addressed in an appeal which he admitshe has filed. The application is therefore dismissed."

STAR OF THE MONTH - Justin Amenuvor Esq.

Prayers of Applicant

Per the motion of the Applicant filed on the 17th day of June, 2026, the Applicant was aggrieved by the decision of the High Court setting aside an arbitral award in favour of the Applicant, Ghana Port Service Ltd. delivered by Ghana Arbitration Centre on the 10th day of December, 2025. Per the decision of the High Court, Justmoh Construction Limited was ordered to pay in excess of US$33,300,000 to Ashanti Port Services for breaches to a contract between the parties in the development of the Boankra Integrated Logistics Terminal (BILT) Project.

Per the motion, the Applicant made its prayers for a quashing of the High Court decision in favour of Justmoh Construction on grounds of breaches to natural justice principles, excess of jurisdiction, errors on the face of the record among others. Per the certiorari motion,

"a. The High Court acted in breach of the audi alteram partem rule of natural justice when it introduced and considered two additional grounds in its Ruling as a basis to Set Aside the Arbitral Award without first hearing the Applicant on those grounds.

b. The High Court exceeded its jurisdiction when it purported to Set Aside the Award on the grounds of Lack of a Cause of Action and Unjust Enrichment, notwithstanding that those grounds are not among the exhaustive grounds for Setting Aside an Arbitral Award under Section 58 of the Alternative Dispute Resolution Act, 2010 (Act 798).