CASE BY COLLIN AARON, REPRESENTATIVE OF THE MEMBERS OF THE SLINGERS FOOTBALL CLUB AND ODINGA LUMUMBA, REPRESENTATIVE OF THE MEMBERS OF ALPHA UNITED FOOTBALL CLUB AGAINST THE GFF DISMISSED
The High Court action that was filed by Collin Aaron, representative of the members of Slingers Football Club and Odinga Lumumba, representative of the members of Alpha United Football Club against the Guyana Football Federation was, on the 18th February, 2019, dismissed by Her Honour Madame Justice Jo-Ann Barlow
Collin Aaron and Odinga Lumumba had sued the Guyana Football Federation for damages for breach of contract, special damages in excess of eighty-eight million dollars, interest pursuant to the law Reform Miscellaneous Provisions Act Chapter 6:02 of the Laws of Guyana, such other orders as the Court may deem just and proper and costs. According to the Claimants’ case the two Football Clubs suffered loss after they withdrew from an Elite League Tournament that was organized by the GFF. Their withdrawal from the tournament resulted from their disapproval with the GFF adding two Elite Clubs that were not members of the Elite League for participation in the tournament. They contended that the inclusion of these two clubs was in breach of a contract that they had with the GFF and was also in breach of the constitution of the GFF.
The Claimants contended that they did not agree to the Regulations of the 2016 round of the matches and therefore did not sign them. They contended that the 2015/2016 Rules and Regulations formed a binding contract between themselves and the GFF and the GFF could not change any part of those Regulations for 2016.
The Court on examination of the 2015/2016 Rules and Regulations showed that they are just what the name suggests. They are guidelines that set out the framework within which the tournament was to be conducted and did not elevate that document to a contract in the legal sense of the word.
The Defendant like any parent body of a sporting fraternity is empowered to make regulations in relation to its competitions. Article 75 (4) of the GFF Constitution provides that the Council of the GFF may issue special regulations in relation to competitions.
The power to issue special regulations is not limited to regulations accepted by individual members. It may be from time to time that not every member is in agreement with the regulations as formulated. That however does not give a member the right to have those regulations modified to suit that member. Chaos will ensue if every member can dictate to those mandated to draw up the regulations what they want included or excluded from the regulations.
The Claimants having been dissatisfied with the changes in the Regulations chose not to participate in the tournament. They withdrew their players from further participation.
The GFF contended that the inclusion of the two Elite Clubs could not prejudice the Claimants since those clubs like the Claimants were Elite Clubs but were not promoted to become members of the Elite League. The Defendants contended that they were merely added to expand the pool of Elite Club players in the tournament. It was further contended on behalf of the GFF that there was no contract between the Claimants and the Defendants in relation to the Elite League Tournament
Witnesses Statements were filed by Colin Aaron and Odinga Lumumba and the President of the Guyana Football Federation, Mr. Wayne Forde had also filed a Witness Statement and gave evidence. The Claimants had contended that by not playing in the Elite League Tournament and being barred from playing in the CONCACAF tournament caused them to suffer loss. Their inability to participate at the CONCACAF level was occasioned by CONCACAF viewing them as not being in good standing with the GFF following their action of withdrawal from the second season of the Elite League Tournament.
The Court found that there was no evidence of any contractual arrangement between the Claimants and the Defendant in relation to the Elite League Tournament and therefore no breach of contract by the Defendant nor was there any breach of the constitution of the GFF and dismissed the claim.
Mr. K.A. Juman-Yassin, S.C. and Mr. Teni Housty, Attorneys-at-Law appeared for the GFF.