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2020 Football Contractual litigations Dismissed English Appeal Procedure

Parties & Representatives

Appellant Representative: Alex Mgongolwa; Simon Patrick
Respondent: Bernard Morrison
Respondent Representative: Ndurumah Keya Majembe; Makubi Kunju Makubi

Arbitrators

President: Patrick Stewart

Decision Information

Decision Date: November 22, 2021

Case Summary

The case involves a dispute between Young Africans Sports Club (YASC) and Bernard Morrison, a professional football player, regarding the validity of an employment contract extension. The dispute centered on two contracts: the initial contract, which expired in July 2020, and a disputed contract, allegedly signed in March 2020, extending Morrison's tenure until 2022 with an increased salary. Morrison contested the validity of both contracts, claiming the initial contract was backdated and his signature on the disputed contract was forged. YASC, however, maintained that the disputed contract was validly executed. The case was brought before the Tanzania Football Federation (TFF), which ruled in Morrison's favor, declaring the disputed contract invalid and ordering him to repay $30,000 transferred by YASC. YASC appealed the decision to the Court of Arbitration for Sport (CAS).

The CAS proceedings involved extensive legal arguments and evidence, including witness statements, contract discrepancies, and communications between the parties. YASC sought to annul the TFF's decision, arguing the disputed contract was valid and partly performed, while Morrison denied signing it and highlighted procedural flaws. The Sole Arbitrator examined jurisdictional issues, determining that CAS had jurisdiction despite YASC's failure to exhaust internal remedies, as a review by the TFF would have been ineffective. The Arbitrator also assessed the burden of proof, concluding YASC failed to substantiate its claims with credible evidence. Key findings included discrepancies in Morrison's signature on the disputed contract and inconsistencies in YASC's evidence, such as photographs that did not conclusively prove the contract's validity.

The Arbitrator ruled that no valid follow-on contract existed, allowing Morrison to join another club, Simba, without breaching registration rules. The decision upheld the TFF's order for Morrison to refund the $30,000 but dismissed YASC's claims for damages and Morrison's counterclaims as inadmissible. The case underscores the importance of clear contractual terms, proper execution, and credible evidence in sports-related disputes. It also highlights the procedural rigor of CAS arbitration and the challenges of resolving complex contractual disagreements in professional sports. The final award, issued on November 22, 2021, dismissed YASC's appeal and affirmed the TFF's decision, bringing the dispute to a close.

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