In a unanimous decision, the Supreme Court of Norway refused to grant leave to Jongsbru AS, a party to the judgment of the Norwegian Court of Appeal rendered in favor of Ghana on 2 November 2022. The three‑member panel issued a preliminary decision under Norwegian civil procedure rules.
The case concerns litigation over the purchase of a property that the Republic of Ghana had identified for use as a chancery building in Oslo. Under Norwegian law, when a Court of Appeal issues a civil judgment and the decision is appealed to the Supreme Court, the Court first makes a preliminary assessment to determine whether a new or major legal issue is raised. The Supreme Court does not hear appeals concerning facts or evidence in civil matters.
The Supreme Court’s refusal brings finality to the four‑year dispute in which the Attorney General and Minister of Justice, Mr. Godfred Dame, represented Ghana. The Court of Appeal had awarded costs of US$250,000 to Ghana on 2 November 2022, and the Supreme Court ordered Jongsbru to pay Ghana nominal legal costs of US$1,871.
Mr. Dame said he was elated by the Supreme Court’s decision, explaining that the outstanding cost award would be used to defray his travel expenses and those of witnesses from Ghana’s Ministry of Foreign Affairs, who testified on Ghana’s behalf. He also noted that, under Norwegian civil procedure, any civil judgment of the Court of Appeal may be appealed to the Supreme Court, but such a hearing is not automatic.
In its appeal, Jongsbru argued that the Court of Appeal’s decision was too short, vague, and unclear, containing deficiencies that made a proper merits‑based appeal impossible. Consequently, Jongsbru sought to have the judgment “repealed,” a request in Norwegian law that is equivalent to setting aside the judgment.
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