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
Case Brief
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether there was a valid contract of employment between the parties
- 2 Whether the plaintiffs are entitled to any remuneration from 1st May 2014 to the date of judgment with interest
- 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
Full Case Text
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