Ashanti Ports Services Granted Right To Enforce Arbitration Ruling Against JUSTMOH Construction
Ashanti Ports Services Limited (APSL) has been granted the right by the High Court, Commercial Division in Accra to enforce an Arbitration Ruling Against JUSTMOH Construction Limited.
Her Ladyship, Justice Sheila Minta in her ruling on 10th July 2024, granted the claimant’s application albeit partially the application for interim preservation.
Secondly, the court ordered the respondent, JUSTMOH Construction to preserve the sum of 25 million dollars in its dollar account held by Ghana Commercial Bank Limited with account number 4011600000263.
The court directed that the respondent do this pending the determination of the arbitration.
Issues:
Owing to a legal tussle between APSL and JUSTMOH Construction Limited, the Arbitration Tribunal was activated to resolve the matters regarding operations at the Boankra Integrated Logistics Terminal Project.
But on 3rd June, APSL filed an application at the courts to get JUSTMOH Construction to respect the terms of the Arbitration.
JUSTMOH Construction on the 19th of June, also filed an application in opposition to the one filed by APSL.
APSL responding to the affidavit in opposition filed additional or supplementary affidavits in support of the earlier application for enforcement.
Additional information:
The two parties, APSL and JUSTMOH Construction Limited are currently in Arbitration and an interim award was made by the Arbitration Tribunal on 22nd April 2024.
In the ongoing issue, the applicant, APSL is seeking to enforce the ruling by the Arbitration Tribunal.APSL Sues Transport Ministry at Court of Arbitration…Seeks 3.6 billion dollars As Damages For Contract Termination.
Background:
Ashanti Port Services Limited (APSL), a private consortium that had commenced the construction of the Boankra Inland Port Project filed a writ at the Ghana Arbitration Center invoking the powers of the United Nations Commission on International Trade Law Arbitration to retrieve damages amounting to over Three billion dollars for contract termination by the Ghana Shippers Authority working through the Ministry of Transport.
APSL, in its statement of claim, said its member of the consortium, Afum Quality Limited (AQL) entered an agreement with the Ghana Shippers Authority on 25th September 2020 to construct and develop the Boankra Integrated Logistics Terminal (BILT) on a Build, Operate and Transfer basis (BOT) but deal was unilaterally terminated by the GSA on 5th July 2023.
The BOT, according to documents made available by APSL to this news outfit was to last for 30 years in which AQL and its consortium, APSL would in 3 years construct the Boankra Integrated Logistics Terminal.
The remaining 27 years, according to the agreement pointed to in the writ would be used to for the operation of the projected profit margin of 3,683,720,785 million dollars.
Formation:
APSL was formed as a special-purpose vehicle to represent a consortium member of AQL, which specializes in providing technical expertise and financial aid.
Thus APSL was to render these services for the BILT project which was aimed to create vital infrastructure linking the ports of Tema and Takoradi to the inner parts of Ghana and the landlocked countries of Burkina Faso, Mali, and Niger.
Details:
After the execution of the concession agreement, the Ghana Shippers Authority (GSA) writ claimed compelled the APSL to organize a sod-cutting event prior to fulfilling preconditions necessary for the performance of its obligations under the concession
The sod-cutting ceremony, APSL which is claimant in the case noted brought huge financial expenses.
APSL also undertook substantial groundwork for the sod-cutting event including expanding and graveling the road from the entrance to the administration block.
Interferences:
The statement of the writ by APSL cited many Interferences while working on the BILT project.
An example of such interference was the purchase of 39% shares by the respondent which is Ghana Shippers Authority from APSL.
Termination:
However, despite the ongoing work by APSL, GSA by letter dated 5th July 2023 to claimant APSL served a preliminary notice of termination of the concession.
The GSA alleged that APSL had failed in achieving financial close within the cure period.
Reliefs Sought For By APSL:
APSL is asking the Court of Arbitration to among other reliefs a declaration that the unilateral termination of the contract by GSA is unlawful.
APSL also wants the Court of Arbitration to declare that interferences from the respondent acting through GSA were material breaches that contributed to GSA erroneously considering the Claimant as having failed to meet financial close.
It also seeks an interim injunction restraining the GSA from carrying on any works at the BILT project site pending the hearing and determination of the arbitration.
APSL is seeking general damages for breach of the concession agreement dated 25th September 2020 by the Respondent (GSA).
Claimant herein referred to as APSL is also seeking special damages for the expenses incurred by Claimant in the region of 16,300,000 million dollars paid with interest.
Another relief being sought by APSL is an order for a refund of the additional sum of 16,000,000 million dollars paid by Ghana Ports and Harbours Association (GPHA) to Justmoh Construction Limited representing the balance of the total amount for the 39% shares in APSL acquired by GPHA.
Additional relief being asked by APSL is an order of refund of 49 million dollars representing 39% of the Claimant Share Value sold to GPHA.
The eighth relief by the claimant is an order for payment of 3,683,720,785 billion dollars, the projected income for the BILT operating period of 27 years.
The 9th relief is that the Court should order for restoration of the contract in favor of the Claimant as a concessionaire.
And lastly, APSL seeks that costs including legal fees be awarded to them.
Source: Ghana/otecfmghana.com/Francis Appiah
