Umar & Anor Vrs National Health Nsurance Authority [2021] GHASC 147 (24 March 2021)

Umar & Anor Vrs National Health Nsurance Authority [2021] GHASC 147 (24 March 2021)

There was no valid contract of employment between the plaintiffs and the defendant due to irregularities and lapse of offer; however, the plaintiffs are entitled to remuneration for services rendered under quantum meruit from May 2014 to 12th August 2015, with statutory interest, but not to restoration to payroll or general damages.

Citation
[2021] GHASC 147
Parties
Plaintiff/appellant: Abubakari Umar; Plaintiff/appellant: Mohammed Hafiz; Defendant/respondent: National Health Insurance Authority
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
24 March 2021
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal allowed in part
Legal Topics
Employment Contracts, Quantum Meruit, Estoppel, Unjust Enrichment, General Damages
Source Language
English

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Parties

Abubakari Umar

Plaintiff/appellant

Mohammed Hafiz

Plaintiff/appellant

National Health Insurance Authority

Defendant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

  1. 1 Whether there was a valid contract of employment between the parties
  2. 2 Whether the plaintiffs are entitled to any remuneration from 1st May 2014 to the date of judgment with interest
  3. 3 Whether the plaintiffs are entitled to a restoration of their names to the defendants' payroll

Ratio Decidendi

There was no valid contract of employment between the plaintiffs and the defendant due to irregularities and lapse of offer; however, the plaintiffs are entitled to remuneration for services rendered under quantum meruit from May 2014 to 12th August 2015, with statutory interest, but not to restoration to payroll or general damages.

Court Disposition

appeal allowed in part

Orders

  • Plaintiffs to be paid salaries from October 2012 to April 2014 as previously held
  • Plaintiffs to be paid salaries on quantum meruit from May 2014 to 12th August 2015