Umar and Another Vrs National Health Insurance Authority [2021] GHASC 13 (24 March 2021)

There was no valid contract of employment due to irregularities and lapse of offer; however, plaintiffs are entitled to remuneration for services rendered under quantum meruit up to the date defendants disputed their employment, but not restoration to payroll or general damages.

Citation: [2021] GHASC 13
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 succeeds in part
Legal Topics: Employment Contracts, Quantum Meruit, Estoppel, Unjust Enrichment, General Damages
Source Language: English

Employment Law Contract Law Equity Employment Contracts Quantum Meruit Estoppel Unjust Enrichment General Damages

Case Brief

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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 remuneration from 1st May 2014 to the date of judgment with interest
3 Whether the plaintiffs are entitled to restoration of their names to the defendants' payroll

Ratio Decidendi

Court Disposition

Appeal succeeds in part

Orders

Plaintiffs entitled to salaries paid from October 2012 to April 2014
Plaintiffs entitled to salaries from May 2014 to 12th August 2015 under quantum meruit